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Plaintiff’s Motion for Order Finding That Certain Factual Allegations In Plaintiff’s Original Complaint Are Admitted and Brief In Support Thereof

Doe v. Life Insurance Company of North America, et al.

This brief involves an ERISA lawsuit filed by the Plaintiff over the wrongful denial of insurance death benefits by the Defendants in the accidental drowning of the Plaintiff’s husband. The Defendants each filed separate answers to the Plaintiff’s Complaint. These responses failed to directly admit or deny factual allegations made by the Plaintiff in her Complaint, which the Defendants are required to do under the Federal Rules of Civil Procedure. The Plaintiff’s response asks the Court to enter a finding that these unaddressed factual allegations have been admitted by the Defendants and can be treated as stipulated facts throughout the lawsuit.