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HAWAIIAN LIFE INS. CO., LTD. v. LAYGO

No. 88-2720.

884 F.2d 1300 (1989)

HAWAIIAN LIFE INSURANCE COMPANY, LTD., Plaintiff-Appellee, v. Norma A. LAYGO; Jaime F. Laygo; Charine A. Laygo; Reynaldo A. Laygo; Melanie A. Laygo; Cheryl A. Laygo, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 13, 1989.

Attorney(s) appearing for the Case

Daniel R. Del Priore, Agana, Guam, for defendants-appellants.

Colin O. Miwa, Honolulu, Hawaii, for plaintiff-appellee.

Before GOODWIN, Chief Judge, HUG and TANG, Circuit Judges.

TANG, Circuit Judge:

The Laygos appeal two summary judgments granted to Hawaiian Life Insurance Company (Hawaiian Life), the first allowing Hawaiian Life to rescind a policy issued to Norma Laygo because of material misrepresentations on her insurance application and the second dismissing the Laygos' counterclaim against Hawaiian Life.

The district court held that Mrs. Laygo1 misrepresented her medical history and omitted reference...

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