Morris et al v. Appalachian Regional Healthcare, Inc. et al
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|Date Filed||#||Document Text|
|April 30, 2013
MEMORANDUM OPINION & ORDER: 1) The Plas claims against James Wiley Craft and Angela Hatton Mullins are SEVERED from this action and REMANDED to Letcher Circuit Court; 2) Mullins cross-claim against ARH and ReliaStar is REMANDED to Letcher Circuit Court and ARHs Motion to Dismiss Mullins cross-claim against it (DE 8 ) is DENIED as moot; 3) ARHs Motion to Dismiss (DE 6 ) and ReliaStars Motion for Judgment on the Pleadings (DE 7 ) are GRANTED in part and DENIED in part as follows: a) The Pl as claims against ARH and ReliaStar under 29 U.S.C. § 1132(a)(1)(B) for benefits due under the terms of an ERISA plan set forth in Count VI of the Complaint are DISMISSED; b) The Plas breach of contract claims against ARH and ReliaStar set forth in Count I of the Complaint are DISMISSED; c) The Plas common-law bad faith claims and claims under the Kentucky Unfair Claims Settlement Practices Act, set forth in Count V of the Complaint are DISMISSED; and d) The Motion to Dismiss (DE 6 ) and Motion for Judgment on the Pleadings (DE 7 ) are otherwise DENIED. Signed by Judge Karen K. Caldwell on 4/30/13.(MJY)cc: COR, Attest Copy to Letcher Circuit Court
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