WOODMEN ACC. & LIFE INS. CO. v. BRYANT

Nos. 84-1308, 84-1834.

784 F.2d 1052 (1986)

WOODMEN ACCIDENT & LIFE INSURANCE COMPANY, a Nebraska corporation, Plaintiff-Counterdefendant-Appellee, v. Charles P. BRYANT, individually and as guardian for Robert L. Bryant, Defendants-Counterclaimants-Third Party Plaintiffs-Appellants, v. FIRST NATIONAL BANK & TRUST COMPANY OF LINCOLN, a national banking association, Third Party Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 3, 1986.


Attorney(s) appearing for the Case

Paul R. Caldwell (Jeff Foster McElroy with him on briefs), of Caldwell, Lenssen, Mandel & Jesmer, Santa Fe, N.M., for defendants, counterclaimants, third party plaintiffs-appellants.

William S. Dixon (Ellen G. Thorne with him on briefs), of Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, N.M., for plaintiff-counterdefendant-appellee.

Before McKAY and JOHN P. MOORE, Circuit Judges, and WEST, District Judge.


McKAY, Circuit Judge.

Charles Bryant, a citizen of New Mexico, purchased a major medical policy from Woodmen Accident & Life Insurance Company in 1979. This policy did not provide coverage for institutional treatment of mental or emotional illness. In March of 1981, Mr. Bryant, at the suggestion of Woodmen's agent, Mr. Jackson, changed insurance policies by applying for membership as a participant in a joint employer's trust. Under this arrangement, a master insurance...

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