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FRANCESCHI v. AMERICAN MOTORISTS INS. CO.

Nos. 87-6014, 87-6034.

852 F.2d 1217 (1988)

John FRANCESCHI, Plaintiff-Appellant-Cross-Appellee, v. AMERICAN MOTORISTS INSURANCE COMPANY, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 29, 1988.

Attorney(s) appearing for the Case

Ernest J. Franceschi, Seal Beach, Cal., for plaintiff-appellant-cross-appellee.

Arthur L. Franz, Galton & Helm, Los Angeles, Cal., for defendant-appellee-cross-appellant.

Before TANG, BOOCHEVER and O'SCANNLAIN, Circuit Judges.

TANG, Circuit Judge:

This dispute involves a question of coverage under an insurance policy issued by American Motorists Insurance Company (AMI) to John Franceschi. AMI denied coverage on the ground that Franceschi had received medical treatment within the time frame of a preexisting conditions limitation in the policy. On that basis, AMI appeals the district court's grant of partial summary judgment in favor of Franceschi on his claim for breach of insurance contract...

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