DELAND v. OLD REPUBLIC LIFE INS. CO.

C.A. No. 83-4010.

758 F.2d 1331 (1985)

Nile T. DELAND, Plaintiff-Appellant, v. OLD REPUBLIC LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted May 21, 1984.

Decided April 24, 1985.


Attorney(s) appearing for the Case

Noel H. Kopperud, Wasilla, Alaska, for plaintiff-appellant.

Matthew Peterson, Hughes, Thorsness, Gantz, Powell & Brundin, Anchorage, Alaska, for defendant-appellee.

Before FLETCHER and FARRIS, Circuit Judges, and JAMESON, District Judge.


JAMESON, Senior District Judge:

Nile T. DeLand appeals from a judgment, following a jury verdict, denying him coverage under a disability insurance policy issued by Old Republic Life Insurance Co. DeLand contends, inter alia, that the district court erred by instructing the jury in effect to interpret the contract. We agree that the district court erred but find that DeLand invited the error and therefore affirm.

I. Factual Background

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