Sun Life Assurance Company of Canada v. Wells Fargo Bank, N.A. et al
| Sun Life Assurance Company of Canada |
| Wells Fargo Bank, N.A. and Frank Nelson |
| 1:2017cv06588 |
| September 12, 2017 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Amy J. St. Eve |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
229
ORDER STATEMENT-OPINION: For the reasons stated below, the Bank's motion 147 for summary judgment is denied. Nelsen's motion 167 for summary judgment is denied. Plaintiff's motion 156 for summary judgment is granted as to Count s I and II of its complaint and Counts I and II of the Bank's counterclaim and denied as to Count IV of the Bank's counterclaim as to its claim for restitution of premiums paid on behalf of Vida Capital and otherwise granted as to Count IV of the Bank's counterclaim. Thus, the matters remaining in the case are: 1) plaintiff's claims against Nelsen (Counts III, IV, V and VI of plaintiff's complaint) and 2) the Bank's counterclaim for restitution of premiums paid on behalf of Vida Capital (CC Count IV). Signed by the Honorable Philip G. Reinhard on 3/30/2020. Mailed notice (jp, )
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Filing
64
ORDER-WRITTEN Opinion entered by the Honorable Philip G. Reinhard on 5/7/2018: For the reasons stated below, the portion of plaintiff's motion 32 directed to striking the first through thirteenth and the fifteenth affirmative defenses is deni ed as to the sixth, seventh and eighth affirmative defenses to the extent they relate to a return of premiums paid. Otherwise, the request to strike the first through thirteenth and the fifteenth affirmative defenses is granted. Plaintiff's mo tion to dismiss Counts I and II of the counterclaim are denied. Plaintiff's motion to dismiss Count III of the counter claim is granted. Plaintiff's motion to dismiss Count IV of the counterclaim is granted in part and denied in part. It is denied to the extent that Count IV seeks restitution for premiums paid by the Bank and otherwise is granted. Nelsens motion 40 to dismiss is denied. [see STATEMENT-OPINION] Electronic notice (kms)
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