                                                                                                                           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Precedential or Non-Precedential: Precedential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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Recommended Citation
"NW Mutl Life Ins Co v. Babayan" (2005). 2005 Decisions. Paper 24.
http://digitalcommons.law.villanova.edu/thirdcircuit_2005/24


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                                                  PRECEDENTIAL

  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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