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WARD v. DIXIE NAT. LIFE INS. CO.

No. 08-2378.

595 F.3d 164 (2010)

Martha WARD, on behalf of herself and all others similarly situated, Plaintiff-Appellee, v. DIXIE NATIONAL LIFE INSURANCE COMPANY; National Foundation Life Insurance Company, Defendants-Appellants. South Carolina Department of Insurance; Ronald Daniel Rotunda, Amici Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: February 8, 2010.

Attorney(s) appearing for the Case

ARGUED: Kenneth W. Starr, Kirkland & Ellis, LLP, Los Angeles, California, for Appellants. Richard Harpootlian, Richard A. Harpootlian, PA, Columbia, South Carolina, for Appellee. ON BRIEF: Susan E. Engel, Elizabeth M. Locke, Kirkland & Ellis, LLP, Washington, DC; J. Calhoun Watson, Jr., Sowell Gray Stepp & Laffitte, LLC, Columbia, South Carolina; C. Allen Foster, Kevin E. Stern, Robert P. Charrow, Greenberg Traurig, LLP, Washington, D.C., for Appellants. Graham L. Newman, Richard A. Harpootlian, PA, Columbia, South Carolina; Tobias G. Ward, Jr., Todd & Ward PC, Columbia, South Carolina, for Appellee. Jeffrey A. Jacobs, South Carolina Department of Insurance, Columbia, South Carolina, for South Carolina Department of Insurance, Amicus Supporting Appellants. Professor Ronald D. Rotunda, Chapman University School of Law, Orange, California, for Ronald Daniel Rotunda, Amicus Supporting Appellants.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Chief Judge TRAXLER and Judge MICHAEL joined.

OPINION

WILKINSON, Circuit Judge:

This case began as a relatively straightforward class action suit for breach of contract. Martha Ward and other policyholders in the state of South Carolina (collectively, "plaintiffs") sued insurance companies National Foundation Life Insurance Company ("National") and Dixie National Life Insurance Company ("Dixie") (collectively, "defendants"). Plaintiffs alleged that defendants violated their contractual promise under...

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