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NEW ENGLAND MUT. LIFE INS. CO. v. ANDERSON

Nos. 87-2883, 89-3080.

888 F.2d 646 (1989)

NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. Lorna ANDERSON, Individually, and in her capacity as parent and natural guardian of her minor children, Lori D. Anderson, Julie L. Anderson, Janelle L. Anderson & Jennifer L. Anderson, and Larry J. Putnam, Solely in his capacity as personal representative and administrator of the estate of Martin K. Anderson, deceased, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 16, 1989.

Attorney(s) appearing for the Case

P. Terence Crebs of Caruthers, Herzog, Crebs & McGhee, St. Louis, Mo. (Rexford H. Caruthers and Michael A. Vitale of Caruthers, Herzog, Crebs & McGhee, St. Louis, Mo., and David A. Hanson of Glenn, Cornish, Hanson & Karns, Topeka, Kan., with him on the brief), for plaintiff-appellant.

Edward J. Hund of Focht, Hughey, Hund & Calvert, Wichita, Kan. (Ricky E. Bailey of Focht, Hughey, Hund & Calvert, Wichita, Kan., with him on the brief), for defendants-appellees.

Before McKAY, SETH and BALDOCK, Circuit Judges.

SETH, Circuit Judge.

New England Mutual Life Insurance Company brought this diversity action seeking a declaratory judgment that it was not obligated to pay $270,000 under an insurance policy issued on the life of Martin Anderson because the policy had been fraudulently procured. Lorna Anderson Eldridge, Martin Anderson's widow (since remarried) who was a defendant below, filed a counterclaim seeking the policy proceeds. She later disclaimed any interest in the proceeds...

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