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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : YENIS IRAHETA : v. : Civil Action No. DKC 2004-794 : UNITED OF OMAHA LIFE INSURANCE CO., et al. : MEMORANDUM OPINION Presently pending and ready for resolution in this diversity action are Defendants' motion for partial summary judgment and Plaintiff's responsive motion for partial dismissal. The issues

have been fully briefed and the court now rules, no hearing being deemed necessary. Local Rule 105.6. For the following

reasons, Plaintiff will be permitted to amend the complaint to delete certain claims, and Defendants' motion for summary

judgment on count one will be denied. I. Background A. Procedural Background Yenis Iraheta originally filed a four count

Plaintiff

complaint in the Circuit Court for Prince George's County, asserting claims for (1) breach of contract under policy

UA8349743; (2) breach of contract under policy UA8467366; (3) breach of covenant of good faith and fair dealing (insurer

unreasonably withheld payment of beneficiary's claim); and (4) unfair settlement practices. The complaint alleges that Defendant United of Omaha Life Insurance Co. ("United of Omaha"), an affiliate of Defendant Mutual of Omaha Insurance Co. ("Mutual of Omaha"), issued a term life insurance policy, No. UA8349743, to Ruben Alberto HidalgoGongora on or about January 1, 2002, which provided that in the event of his death, the amount of $200,000 would be paid to his fianc

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