BUTTON v. CONNECTICUT GENERAL LIFE INS. CO.

No. 86-2741.

847 F.2d 584 (1988)

Dale G. BUTTON and Glorianna Button, husband and wife, Plaintiffs-Appellants, v. CONNECTICUT GENERAL LIFE INSURANCE COMPANY; and Cigna Insurance Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 26, 1988.


Attorney(s) appearing for the Case

Bernard I. Rabinovitz and Thomas B. Welch, Rabinovitz & Associates, Tucson, Ariz., for plaintiffs-appellants.

William W. Edwards and Lyle D. Aldridge, Jones, Edwards, Smith & Kofron, Tucson, Ariz., for defendants-appellees.

Before HUG, BOOCHEVER and BRUNETTI, Circuit Judges.


BOOCHEVER, Circuit Judge:

Dale and Glorianna Button (Button) appeal from a grant of summary judgment in favor of Connecticut General Life Insurance Company and Cigna Insurance Company (CGL) in Button's action for continued benefits under a disability insurance policy. The issues presented on this appeal are whether: (1) Button is entitled to lifetime benefits for a back injury causing disability independent of other causes; (2) the policy's incontestability clause...

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