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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA Martinsburg

DANIEL BARNES, Plaintiff, v. THE HARTFORD and CONTINENTAL CASUALTY COMPANY, Defendants. Civil Action No. 3:10-CV-72 Judge Bailey

ORDER DENYING MOTION FOR DEFAULT JUDGMENT AND GRANTING MOTION TO DISMISS CLAIMS FOR EXTRA-CONTRACTUAL DAMAGES AND TO STRIKE JURY DEMAND Pending before this Court are Plaintiff's Motion for Default Judgment against Continental Casualty Company (Doc. 4) and Defendant Hartford Life and Accident Insurance Company's Motion to Dismiss Plaintiff's Claims for Extra-Contractual and Punitive Damages and Motion to Strike Plaintiff's Demand for a Jury Trial (Doc. 7). This action was filed on July 26, 2010, asserting that the defendants improperly and maliciously terminated the plaintiff's long term disability coverage. As an employer

provided plan, this case is governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C.

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