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MAPP v. AMERICAN GENERAL ASSUR. CO.

Civil Action No. 3:08cv298-MHT.

589 F.Supp.2d 1257 (2008)

Benjamin MAPP, Plaintiff, v. AMERICAN GENERAL ASSURANCE COMPANY, Defendant.

United States District Court, M.D. Alabama, Eastern Division.

December 12, 2008.

Attorney(s) appearing for the Case

Benjamin Howard Parr, Ingrum Rice & Parr, Opelika, AL, for Plaintiff.

David Patrick Donahue, Michael Douglas Mulvaney, Grace Robinson Murphy, Maynard, Cooper & Gale, P.C., Birmingham, AL, for Defendant.

OPINION AND ORDER

MYRON H. THOMPSON, District Judge.

Plaintiff Benjamin Mapp filed this lawsuit against defendant American General Assurance Company, asserting that it failed to pay benefits due to him after he suffered a heart attack in September 2006. Mapp originally filed suit in state court, asserting state-law claims of breach of contract and bad faith. American General removed to this court, contending: first, Mapp's state-law claims are preempted...

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