McILHERAN v. LINCOLN NAT. LIFE INS. CO.

No. 93-3543.

31 F.3d 709 (1994)

John McILHERAN, Conservator for Shirley Parke, a Protected Person, Plaintiff/Appellant, v. LINCOLN NATIONAL LIFE INSURANCE COMPANY, a corporation, Defendant/Appellee. LINCOLN NATIONAL LIFE INSURANCE COMPANY, Counter-Claimant/Appellee, v. John McILHERAN, Counter-Defendant/Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 8, 1994.


Attorney(s) appearing for the Case

David Allan Domina, Omaha, NE, argued (Denise Frost and Cletus Blakeman on the brief), for appellant.

Gerald Laughlin, Omaha, NE, argued (Cynthia Rismiller, on the brief), for appellee.

Before WOLLMAN, Circuit Judge, ROSS and JOHN R. GIBSON, Senior Circuit Judges.


WOLLMAN, Circuit Judge.

In this diversity action involving the enforceability of an insurance policy under Nebraska law, John McIlheran, as conservator for Shirley Parke, appeals from the district court's1 order granting summary judgment to Lincoln National Life Insurance Company ("Lincoln National"). We affirm.

I.

In December 1990 Parke became disabled as a result of a head-on collision near Fremont, Nebraska. On behalf...

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