MASSACHUSETTS MUT. LIFE INS. CO. v. O'BRIEN

No. 92-3937.

5 F.3d 1117 (1993)

MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a Massachusetts Corporation, Plaintiff-Appellant, v. Patricia O'BRIEN and Colleen C. O'Brien, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 29, 1993.


Attorney(s) appearing for the Case

David B. Mueller (argued), Cassidy & Mueller, Peoria, IL, for plaintiff-appellant.

George J. Lewis, Lewis, Blickhan, Longlett & Timmerwilke, Mark A. Drummond (argued), Schmiedeskamp, Robertson, Neu & Mitchell, Quincy, IL, defendants-appellees.

Before POSNER and FLAUM, Circuit Judges, and WILL, Senior District Judge.


FLAUM, Circuit Judge.

In this case, an insurance company appeals from the entry of summary judgment against it and from the award of attorney fees and a penalty to the defendants. We vacate both the entry of judgment and the award.

I.

On August 2, 1988, Janell Farmer, an agent for Massachusetts Mutual Life Insurance Company (Mass Mutual), mailed a prospect letter to Sean P. O'Brien. Three weeks later, the two met in Farmer's office to discuss life...

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