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JOSEPH ROSENBAUM, M.D., INC. v. HARTFORD FIRE INS.

No. 94-55579.

104 F.3d 258 (1996)

JOSEPH ROSENBAUM, M.D., INC., Defined Benefit Pension Plan; Joseph Rosenbaum, as Administrator and Trustee of the Joseph Rosenbaum, M.D., Inc., Defined Benefit Pension Plan, Plaintiffs-Appellants, v. HARTFORD FIRE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 27, 1996.

Attorney(s) appearing for the Case

Michael A. Vanic, Reish & Luftman, Los Angeles, CA, for plaintiffs-appellants.

David T. DiBiase, Anderson, McPharlin & Conners, Los Angeles, CA, for defendant-appellee.

Before: HUG, Chief Judge, BEEZER, and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

This case deals with the scope of an employee dishonesty bond issued to an Employment Retirement Income Security Act (ERISA) plan. The district court granted summary judgment on the grounds that there was a concealment that would void the coverage. We affirm, but on different grounds.

FACTS

Dr. Joseph Rosenbaum established a pension plan for his professional corporation, naming his wife and himself as trustees. He and a...

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