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WILMINGTON SAVINGS FUND SOCIETY, FSB v. PHL VARIABLE INSURANCE COMPANY

Civil Action No. 13-499-RGA.

WILMINGTON SAVINGS FUND SOCIETY, FSB, as successor in interest to CHRISTIANA BANK & TRUST COMPANY, as trustee for JOHN DOE TRUST 1, et al., Plaintiffs; v. PHL VARIABLE INSURANCE COMPANY and PHOENIX LIFE INSURANCE COMPANY, Defendants.

United States District Court, D. Delaware.

April 9, 2014.

Attorney(s) appearing for the Case

David J. Baldwin, Esq. , Potter, Anderson & Corroon, Wilmington, DE; John E. Failla, Esq. (argued), Proskauer Rose LLP, New York, NY; Nathan R. Lander, Esq. , Proskauer Rose LLP, New York, NY; Phillip Hall, Esq. , Highland, attorneys for the Plaintiffs.

Richard D. Heins, Esq. , Ashby & Geddes, PA, Wilmington, DE; David T. McDowell, Esq. (argued), Edison, McDowell & Hetherington LLP, Houston, TX; Kendall J. Burr, Esq. , Edison, McDowell & Hetherington LLP, Houston, TX; Bobby B. Debelak, Esq. , Edison, McDowell & Hetherington LLP Boston, TX; John Beers, Esq. , Phoenix Life Insurance Company, attorneys for the Defendants.

MEMORANDUM OPINION

RICHARD G. ANDREWS, Senior District Judge.

Presently before the Court for disposition is the Defendants PHL Variable Insurance Company and Phoenix Life Insurance Company's Motion to Dismiss the Second Amended Complaint. (D.I. 136). This matter has been fully briefed. (D.I. 137, 141, 142). The Court heard oral argument on December 16, 2013. (D.I. 149). For the reasons set forth herein, the Defendants' motion is GRANTED IN PART and...

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