KLAY v. AXA EQUITABLE LIFE INSURANCE COMPANY

Justia Dockets & Filings Third Circuit Pennsylvania Western District KLAY v. AXA EQUITABLE LIFE INSURANCE COMPANY

KLAY v. AXA EQUITABLE LIFE INSURANCE COMPANY

Plaintiff:	JOHN KLAY
Defendant:	AXA EQUITABLE LIFE INSURANCE COMPANY
Case Number:	2:2009cv00012
Filed:	January 6, 2009
Court:	US District Court for the Western District of Pennsylvania
Office:	Insurance Office
County:	XX US, Outside State
Presiding Judge:	Joy Flowers Conti
Nature of Suit:	Plaintiff
Cause of Action:	Diversity
Jury Demanded By:	12:635 Breach of Insurance Contract

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Date Filed	Document Text
September 28, 2010	Filing 84 MEMORANDUM OPINION granting in part and denying in part 72 Defendant's Motion for Summary Judgment with prejudice with respect to counts I and III, and without prejudice with respect to counts II, IV, and V as set forth more fully within. The court finds no reasonable jury could render a verdict in plaintiff's favor on any claim asserted in the amended complaint. Plaintiff is granted thirty days to file a motion to amend the amended complaint with respect to counts II, IV, and V to seek to include a claim for breach of contract relating to the administration of his residual disability benefits, a bad faith claim for delay in payment of residual disability benefits and a claim for punitive damages. If plaintiff fails to file a motion to amend the amended complaint within that timeframe, the court will enter judgment in favor of defendant and against plaintiff and the case will be closed. Signed by Judge Joy Flowers Conti on 9/28/2010. (cal )
January 6, 2009	Filing 28 MEMORANDUM OPINION AND ORDER GRANTING 6 Motion to Transfer Case to US District for the Western District of PA. Signed by Senior Judge Frederick P Stamp, Jr on 1/6/09. (cc)

Date Filed

Document Text

September 28, 2010

Filing 84 MEMORANDUM OPINION granting in part and denying in part 72 Defendant's Motion for Summary Judgment with prejudice with respect to counts I and III, and without prejudice with respect to counts II, IV, and V as set forth more fully within. The court finds no reasonable jury could render a verdict in plaintiff's favor on any claim asserted in the amended complaint. Plaintiff is granted thirty days to file a motion to amend the amended complaint with respect to counts II, IV, and V to seek to include a claim for breach of contract relating to the administration of his residual disability benefits, a bad faith claim for delay in payment of residual disability benefits and a claim for punitive damages. If plaintiff fails to file a motion to amend the amended complaint within that timeframe, the court will enter judgment in favor of defendant and against plaintiff and the case will be closed. Signed by Judge Joy Flowers Conti on 9/28/2010. (cal )

January 6, 2009

Filing 28 MEMORANDUM OPINION AND ORDER GRANTING 6 Motion to Transfer Case to US District for the Western District of PA. Signed by Senior Judge Frederick P Stamp, Jr on 1/6/09. (cc)

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Plaintiff: JOHN KLAY
Represented By:	William D. Wilmoth
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Defendant: AXA EQUITABLE LIFE INSURANCE COMPANY
Represented By:	John P Davis, III
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