Motion To Dismiss Butte v. Ace Ins. Therefore, a petition brought on behalf of the estate for death benefits must be dismissed. Butte v. Ace Ins. Butte v. Ace Ins. Whatever the caption of a motion filed in response to a petition, where the motion challenges the standing of the petitioner to recover benefits based on the face of the petition, the motion will be treated as a motion to dismiss.
More appropriate remedy is to schedule case for trial with no further continuances.