North American Company for Life and Health Insurance v. Watts

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
North American Company for Life and Health
Insurance
v.
Maria Bono Watts
Case No. 22-cv-48-PB
ORDER
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated October
6, 2022, and grant North American’s motion for default judgment (Doc.
No. 10) as to its claim for rescission (Count I); order rescission of
the Policy and return of the premiums paid; and dismiss the remaining
claims (Counts II, III, and IV) as moot. “‘[O]nly those issues fairly
raised by the objections to the magistrate's report are subject to
review in the district court and those not preserved by such objection
are precluded on appeal.’” School Union No. 37 v. United Nat'l Ins.
Co., 617 F.3d 554, 564 (1st Cir. 2010) (quoting Keating v. Secretary
of Health & Human Servs., 848 F.2d 271, 275 (1st Cir.1988)); see also
United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986) (after
proper notice, failure to file a specific objection to magistrate's
report will waive the right to appeal).
____________________________
Paul J. Barbadoro
United States District Judge
Date: November 9, 2022
cc: Counsel of Record
Maria Bono Watts
/s/ Paul J. Barbadoro
Case 1:22-cv-00048-PB Document 16 Filed 11/10/22 Page 1 of 1