Opinion
Civil Action 13-666
08-01-2022
MORGEN & OSWOOD CONSTRUCTION CO., INC., and GREGORY A. OSWOOD Plaintiffs, v. NATIONWIDE LIFE INSURANCE COMPANY, Defendant.
ORDER
WENDY BEETLESTONE, J.
AND NOW, this 1st day of August, 2022, upon consideration of Plaintiffs' Motion for Partial Summary Judgment (ECF No. 163), Defendant's Cross-Motion for Summary Judgment and Opposition to Plaintiffs' Motion (ECF Nos. 169-70), Plaintiffs' Brief in Opposition to Defendant's Motion and in Support of its Motion (ECF No. 173-74, 180), Defendant's Reply Brief in Further Support of its Motion (ECF No. 177), and the Parties' Joint Appendix in support of their Motions (ECF No. 182), IT IS HEREBY ORDERED as follows:
1. Plaintiffs' Motion is GRANTED as to their Section 1132(a)(2) ERISA claim premised on the issuance of the loan on the Policy.
2. Defendant's Motion is GRANTED as to: (1) Plaintiffs' ERISA claims under 29 U.S.C. § 1132(a)(2) stemming from the two changes to the policy owner; (2) Plaintiffs' RICO claims under 18 U.S.C. § 1962(c); and, (3) Plaintiffs' common law claims, which claims are HEREBY DISMISSED.
3. The Parties' Motions are DENIED in all other respects.