Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit

12-12-2005

NW Mutl Life Ins Co v. Babayan Precedential or Non-Precedential: Precedential

Docket No. 04-3521

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UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 04-3521

THE NORTHWESTERN MUTUAL LIFE INSURANCE CO.

v.

KATHLEEN L. BABAYAN D.C. Civil Action No. 03-cv-00717

KATHLEEN BABAYAN

v.

THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY; JOSEPH M. SAVINO, GENERAL AGENT NORTHWESTERN MUTUAL FINANCIAL NETWORK A/K/A AND D/B/A THE SAVINO FINANCIAL GROUP; THOMAS GALLINA D.C. Civil Action No. 03-cv-01622

Kathleen L. Babayan,

Appellant

On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Nos. 03-cv-00717 and 03-cv-01622) District Judge: Honorable Michael M. Baylson Argued October 26, 2005 Before: SLOVITER, FISHER, and GREENBERG, Circuit Judges.

ORDER AMENDING OPINION

IT IS HEREBY ORDERED that the opinion in the above case, filed November 30, 2005, be amended as follows:

Page 9, footnote 6, which read: Although a resident of Pennsylvania, Babayan worked in New Jersey and was entitled short-term disability benefits pursuant to New Jersey law. shall read: Although a resident of Pennsylvania, Babayan worked in New Jersey and was entitled to short-term disability benefits pursuant to New Jersey law.

Page 14, first full sentence on line 2, which read: We are not, however, and we hold that Babayan's answer to Question 33.k constituted bad faith matter of law for the reasons set forth below. shall read: We are not, however, and we hold that Babayan's answer to Question 33.k constituted bad faith as a matter of law for the reasons set forth below.

Page 32, footnote 23, line 4: “under” should be “until.”

By the Court,

/s/ D. Michael Fisher Circuit Judge Dated: December 12, 2005 SLC/cc: Daniel J. Zucker, Esq. David S. Senoff, Esq. John P. Penders, Esq. Charles W. Craven, Esq.

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