the Northwestern Mutual Life Insurance Co v. KATHLEEN L. BABAYAN D.C. Civil Action No. 03-cv-00717 KATHLEEN BABAYAN v. THE…

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

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2
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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