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BURKE v. ABILITY INS. CO.

No. CIV. 12-4051-KE.

926 F.Supp.2d 1056 (2013)

Terry BURKE as personal representative of the estate of Berniece Hermsen, and in his capacity as previous attorney in fact for Berniece Hermsen, Plaintiff, v. ABILITY INSURANCE COMPANY, f/k/a Medico Life Insurance Company; Ability Resources, Inc.; Ability Resources Holdings, Inc.; Ability Reinsurance Holdings Limited, Bermuda; and Ability Reinsurance Limited, Bermuda, Defendants.

United States District Court, D. South Dakota. Southern Division.

February 22, 2013.

Attorney(s) appearing for the Case

Michael Charles Abourezk , Abourezk Law Firm, Rapid City, SD, Seamus Culhane , Turbak Law Office, P.C., Watertown, SD, for Plaintiff.

Daniel F. Duffy , Gregory James Erlandson , Terry G. Westergaard , Bangs, McCullen, Butler, Foye & Simmons, Rapid City, SD, Angela C. Zambrano , Weil, Gotshal & Manges, LLP, Dallas, TX, Kevin F. Meade , Weil, Gotshal & Manges LLP, New York, NY, for Defendants.

MEMORANDUM OPINION AND ORDER

KAREN E. SCHREIER, District Judge.

Plaintiff, Terry Burke, personal representative of the estate of Berniece Hermsen, brought this claim against defendants alleging breach of contract, bad faith, fraud and misrepresentation, and RICO violations stemming from the scope of coverage of Hermsen's long-term care insurance policy. Docket 31. Defendants, Ability Resources Holdings, Inc...

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