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PETRUS v. NEW YORK LIFE INSURANCE COMPANY

Case No. 14-cv-2268-BAS-JMA.

EDMOND PETRUS, as Trustee of the PETRUS FAMILY IRREVOCABLE TRUST DTD 05/01/1991, Plaintiff, v. NEW YORK LIFE INSURANCE COMPANY, a New York corporation, and TIMOTHY R. CORBETT, an individual, and DOES 1 through 100, inclusive, Defendants.

United States District Court, S.D. California.

October 3, 2016.

Editors Note
Applicable Law: 28 U.S.C. § 1332bc
Cause: 28 U.S.C. § 1332bc Diversity - Breach of Contract
Nature of Suit: 110 Insurance
Source: PACER

Attorney(s) appearing for the Case

Edmond Petrus, Plaintiff, represented by Thomas W. Ferrell , Higgs, Fletcher & Mack LLP.

New York Life Insurance Company, Defendant, represented by Martin E. Rosen , Hinshaw & Culbertson LLP & Ophir Johna , Barger & Wolen LLP.

Timothy R. Corbett, Defendant, represented by Connie M. Anderson , Lewis Brisbois Bisgaard and Smith LLP.

ORDER DENYING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT

Defendants argue this Court should limit Plaintiff's damages under the "out-of-pocket" measure of damages. Although the Court agrees that the "out-of-pocket" measure is the correct way of calculating Plaintiff's damages, the Court finds that...

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