Motion to Dismiss 005-life insurance-bad faith-federal court

Plaintiff has standing to pursue cause of action.

Plaintiff is executor of deceased’s estate.

Plaintiff has concrete private interest in outcome of suit.

Mend the Hold Doctrine should estop defendants from claiming plaintiff lacks standing.

Should court rule plaintiff has no standing, plaintiff should be granted leave to amend as executor of deceased’s estate.

Oklahoma law applies to cause of action.

Oklahoma law should apply to contract claim.

But, should court apply Georgia law to contract claim, court should not dismiss contract claim.

Oklahoma law should apply to tort claim.

Petition is sufficient.

Petition satisfies Iqbal.

To extent court rules complaint does not satisfy Iqbal, plaintiff should be granted leave to amend.

Plaintiff’s claims not time-barred because statute of limitations tolled by Servicemembers Civil Relief Act.

Ambiguous policy language should be construed against defendants.

Original policy and reinstated policy different enough to trigger new policy based on reinstatement language.