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BERRY v. TIME INS. CO.

No. CIV. 11-4018-KES.

798 F.Supp.2d 1015 (2011)

Shirley M. BERRY, Plaintiff, v. TIME INSURANCE COMPANY and John Hancock Life Insurance Company (USA), Defendants.

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

June 28, 2011.

Attorney(s) appearing for the Case

Beth A. Roesler, Michael F. Marlow, Johnson, Miner, Marlow, Woodward & Huff, Prof., LLC, Yankton, SD, for Plaintiff.

Edwin E. Evans, Vincent M. Roche, Anthony M. Hohn, Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, Stephen A. Serfass, Drinker Biddle & Reath, LLP, Philadelphia, PA, for Defendants.

ORDER DENYING DEFENDANTS' MOTION TO DISMISS

KAREN E. SCHREIER, Chief Judge.

Plaintiff, Shirley M. Berry, asserts breach of contract and bad faith claims against defendants, Time Insurance Company (Time) and John Hancock Life Insurance Company (Hancock), and seeks punitive damages and attorney's fees. Time and Hancock jointly move to dismiss Berry's claims. Berry resists the motion. The motion is denied.

BACKGROUND

In the light most favorable...

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