VELEZ-GOMEZ v. SMA LIFE ASSUR. CO.

No. 93-1430.

8 F.3d 873 (1993)

Julio VELEZ-GOMEZ, et al., Plaintiffs, Appellees, v. SMA LIFE ASSURANCE COMPANY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 9, 1993.


Attorney(s) appearing for the Case

Frank Gotay-Barquet, with whom Gustavo A. Gelpi, Edward A. Godoy, Feldstein, Gelpi & Gotay, Old San Juan, PR, and Ralph L. Diller, Associate Counsel, State Mut. Companies, Worcester, MA, were on brief, for defendant, appellant.

John E. Mudd, with whom Luis Ortiz Segura and Cordero, Miranda & Pinto, Old San Juan, PR, were on brief, for plaintiffs, appellees.

Before CYR, Circuit Judge, BOWNES, Senior Circuit Judge, and BOUDIN, Circuit Judge.


CYR, Circuit Judge.

SMA Life Assurance Co. (SMA) seeks to set aside the summary judgment entered in favor of plaintiff appellee Julio Vélez Goméz, contending, inter alia, that the court below incorrectly ruled that the incontestability clause in the SMA disability-income insurance policy issued to Vélez is ambiguous. We vacate the district court judgment and remand for further proceedings.

I

BACKGROUND

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