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IN RE FIRST CAPITAL LIFE INS. CO.

Docket No. B086722.

34 Cal.App.4th 1283 (1995)

40 Cal. Rptr.2d 816

In re FIRST CAPITAL LIFE INSURANCE COMPANY in Liquidation. CHARLES QUACKENBUSH, as Insurance Commissioner, etc., Plaintiff and Respondent, v. OMNICOR, INC., et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Seven.

May 11, 1995.

Attorney(s) appearing for the Case

COUNSEL

Brouse & McDowell, John W. Solomon, Timothy J. Horner, Hawkins, Schnabel, Lindahl & Beck and Timothy A. Gonzales for Defendants and Appellants.

Daniel E. Lungren, Attorney General, Rubinstein & Perry, Karl L. Rubinstein, Dana Carli Brooks, Orrick, Herrington & Sutcliffe, Cynthia J. Larsen, Thomas J. Welsh and Amy L. Landers for Plaintiff and Respondent.

OPINION

JOHNSON, J.

This is an appeal from a judgment denying a claim for life insurance benefits from a company under conservatorship. We affirm.

FACTS AND PROCEEDINGS BELOW

In January 1989, First Capital Life Insurance Company (hereafter First Capital) issued a $500,000 policy on the life of Howard Newell, the president of Omnicor, Inc. The policy entered a late period November 26, 1991, for nonpayment of the required...

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