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DAVIS v. MUTUAL LIFE INS. CO. OF NEW YORK

Nos. 90-3560, 90-3561, 90-3587, 90-3878, 90-3879 and 90-3881.

6 F.3d 367 (1993)

Emmett R. DAVIS, et al., Plaintiffs-Appellees, Cross-Appellants (90-3587/3881), v. The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK (90-3560/3879); Trans World Assurance Company (90-3561/3878), Defendants-Appellants, Cross-Appellees, Donald S. Fletcher; Fletcher Insurance Associates, Defendants.

United States Court of Appeals, Sixth Circuit.

Decided September 21, 1993.

Attorney(s) appearing for the Case

Michael G. Florez; and William H. Blessing (argued and briefed), Markovits & Greiwe, Cincinnati, OH, for plaintiffs-appellees, cross-appellants.

Timothy S. Black (argued and briefed), Cincinnati, OH, for the Mut. Life Ins. Co. of New York.

Timothy P. Heather (argued and briefed), Benjamin, Yocum & Heather, Cincinnati, OH, for Trans World Assur. Co.

Before: KENNEDY and GUY, Circuit Judges; and ENGEL, Senior Circuit Judge.

ENGEL, Senior Circuit Judge.

Two life insurance companies — The Mutual Life Insurance Company of New York ("MONY") and Trans World Assurance Company ("TWA") — appeal from a jury verdict finding each liable for common law fraud, breach of fiduciary duty, breach of contract, and violations of the Ohio Consumer Sales Practices Act ("CSPA"), OHIO REV.CODE ANN. § 1345. In addition, MONY appeals the jury's finding that it was liable under the federal...

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