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FEDERAL KEMPER LIFE ASSUR. CO. v. ELLIS

No. 92-3392.

28 F.3d 1033 (1994)

FEDERAL KEMPER LIFE ASSURANCE COMPANY, an Illinois corporation, Plaintiff/Counter-Claimant-Defendant-Appellee, v. Verlie J. ELLIS, Defendant/Counter-Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 30, 1994.

Attorney(s) appearing for the Case

Anne L. Baker (Thomas E. Wright, also of Davis, Wright, Unrein, Hummer & McCallister, with her on the briefs), Topeka, KS, for Verlie J. Ellis.

Frederick K. Starrett (William G. Howard, also of Lathrop & Norquist, Overland Park, KS, and C. David Barrier of Lathrop & Norquist, Kansas City, MO, with him on the brief), for Federal Kemper Life Assur. Co.

Steven L. Imber, Sp. Asst. Atty. Gen., and Roy T. Artman, Staff Atty., Kansas Ins. Dept., Topeka, KS, filed an amicus curiae brief on behalf of Ron Todd, Commissioner of Insurance of the State of Kansas.

Before LOGAN and BRORBY, Circuit Judges, and SEAY, Chief District Judge.

LOGAN, Circuit Judge.

Defendant Verlie J. Ellis appeals the entry of summary judgment in favor of plaintiff Federal Kemper Life Assurance Company (Kemper) on Kemper's suit seeking a declaratory judgment that it did not owe the face amount of a policy insuring the life of defendant's decedent, Jerry Ellis, because the policy lapsed due to nonpayment of premiums. Defendant's counterclaim for the face amount of the policy, alleging Kemper's failure to send premium notices...

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