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MITCHELL v. EMERITUS MANAGEMENT, LLC

Civil No. 07-90-P-H.

524 F.Supp.2d 67 (2007)

Dawnitta MITCHELL, Plaintiff v. EMERITUS MANAGEMENT, LLC dba Emeritus Assisted Living, and Hartford Life and Accident Insurance Company, Defendants.

United States District Court, D. Maine.

November 29, 2007.

Attorney(s) appearing for the Case

Sarah E. McCarthy, Thad B. Zmistowski, Eaton Peabody, Bangor, ME, for Plaintiff.

Guy P. Tully, Jackson Lewis LLP, Boston, MA, Christopher B. Branson, Murray, Plumb & Murray, Portland, ME, Neal F. Pratt, Seth W. Brewster, Verrill & Dana, Portland, ME, for Defendants.

DECISION AND ORDER ON PLAINTIFF'S MOTION TO AMEND COMPLAINT AND DEFENDANTS' MOTIONS TO DISMISS

D. BROCK HORNBY, District Judge.

If the facts as the plaintiff states them are true,1 the outcome compelled by the governing statute and caselaw is very troubling. The plaintiff employee says that she purchased a life insurance policy on her husband through her employer's group coverage. When her husband was dying, she resigned...

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