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  5. 644 A.2d 1328 (1994)
 

CONSUMERS UNITED INS. CO. v. SMITH

Nos. 92-CV-1496, 93-CV-16, 93-CV-61, 93-CV-277, 93-CV-280 and 93-CV-726.

644 A.2d 1328 (1994)

CONSUMERS UNITED INSURANCE COMPANY, Appellant, v. Robert H. SMITH, Robert P. Kogod and Charles E. Smith Management, Inc., Appellees.

District of Columbia Court of Appeals.

Decided July 14, 1994.

Attorney(s) appearing for the Case

David Epstein and George Miron, Washington, DC, for appellant.

William D. Nussbaum and Jonathan S. Franklin, with whom Karen M. Hardwick, Washington, DC, was on the brief, for appellees.

Charles W. Havens III, Eunice Lin Bumgardner, Washington, DC, Anthony R. Buonaguro, Reston, VA, and John Del Campo, Chicago, IL, filed an amicus curiae brief for the National Organization of Life and Health Ins. Guar. Associations, on behalf of appellant.

Michael E. Surguine, Little Rock, AR, filed an amicus curiae brief for the National Ass'n of Insurance Com'rs, on behalf of appellant.

Before FERREN, STEADMAN, and KING, Associate Judges.


                        TABLE OF CONTENTS

INTRODUCTION                                                                                    Page

    I.  FACTS AND PROCEEDINGS                                                                    1334

   II.  THE JURY'S VERDICT FOR SMITH                                                             1337
      (APPEAL No. 92-CV-1496)

      A.  Criteria for Judgment...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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