RAPAK v. COMPANION LIFE INS. CO.

No. 91-1712.

990 F.2d 801 (1993)

Richard J. RAPAK, Plaintiff-Appellee, v. COMPANION LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 6, 1993.


Attorney(s) appearing for the Case

Duval Cravens Ravenel, Baker, Barwick, Ravenel & Bender, Columbia, SC, argued, for defendant-appellant.

Robert P. Wood, Sherrill & Rogers, P.C., Columbia, SC, argued, for plaintiff-appellee.

Before PHILLIPS and WILKINS, Circuit Judges, and WARD, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.


OPINION

WILKINS, Circuit Judge:

The issue before us concerns the interpretation and application of an incontestability clause as required by S.C.Code Ann. § 38-65-210 (Law. Co-op.1989) in a group life insurance policy. Because the issue raised was one of state law which the courts of South Carolina had not resolved, we certified the question to the Supreme Court of South Carolina. Construing the express language of the insurance policy, the court held...

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