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MAXA v. JOHN ALDEN LIFE INS. CO.

No. 91-2203.

972 F.2d 980 (1992)

James MAXA, as the Personal Representative for the Estate of Neil Maxa, Appellant, v. JOHN ALDEN LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 17, 1992.

Attorney(s) appearing for the Case

R. Stephen Tillitt, Minnetonka, Minn., argued, for appellant.

Patrick J. O'Connor, Jr., Minneapolis, Minn., argued (James B. Sheehy, on the brief), for appellee.

Before JOHN R. GIBSON, Circuit Judge, MAGILL, Circuit Judge, and KAUFMAN, Senior District Judge.

FRANK A. KAUFMAN, Senior District Judge.

In July of 1984, at the request of Neil Maxa ("Maxa"), as president of H.R. Peterson Co., Inc. ("Peterson"), John Alden Life Insurance Company ("John Alden") instituted a group health benefit plan for that company.1 Maxa, then sixty-two years old, was accepted by John Alden for group health insurance coverage as an employee of Peterson and received, inter alia, a certificate of group insurance...

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