EHRHARDT v. PENN MUT. LIFE INS. CO.

No. 89-1385.

902 F.2d 664 (1990)

Maxine H. EHRHARDT, Appellee, v. PENN MUTUAL LIFE INSURANCE CO., Appellant, v. David G. DEMPSEY and Patrick O. Boyle as Trustees of the Eugene J. Ehrhardt, Children's Trust, and David G. Dempsey as Trustee of the Eugene J. Ehrhardt living trust.

United States Court of Appeals, Eighth Circuit.

Decided May 2, 1990.

Rehearing and Rehearing Denied June 14, 1990.


Attorney(s) appearing for the Case

P. Terence Crebs, St. Louis, Mo., for appellant.

Alan J. Agathen, Clayton, Mo., for appellee.

Before BOWMAN and WOLLMAN, Circuit Judges, and ROSS, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied June 14, 1990.

ROSS, Senior Circuit Judge.

Penn Mutual Life Insurance Co. (Penn Mutual) appeals from the district court's order entering judgment upon a jury's verdict in favor of Maxine Ehrhardt (Maxine), and third party defendants David Dempsey and Patrick Boyle (trustees) in Maxine's diversity action to recover insurance proceeds. We reverse and remand for a new trial.

Maxine was a licensed life insurance agent...

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