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OGLESBY v. PENN MUT. LIFE INS. CO.

Civ. A. No. 93-224 MMS.

877 F.Supp. 872 (1994)

John T. OGLESBY, II, M.D., Plaintiff, v. The PENN MUTUAL LIFE INSURANCE COMPANY, Defendant.

United States District Court, D. Delaware.

Opinion Denying Reargument February 16, 1995.

Attorney(s) appearing for the Case

Anne C. Naczi, Tybout, Redfearn & Pell, Wilmington, DE, for plaintiff.

William W. Erhart, Erhart & Laffey, Wilmington, DE (Douglas F. Johnson, Earp, Cohn, Leone & Pendery, Westmont, NJ, of counsel), for defendant.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

INTRODUCTION

Plaintiff John T. Oglesby, II filed suit against defendant The Penn Mutual Life Insurance Company ("Penn Mutual") in Delaware state court. Oglesby alleged breach of contract for failure to pay benefits under a disability insurance policy and breach of the duty of good faith and fair dealing. Specifically, he averred that from August 1990 to the present, he has been totally disabled...

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