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PROTECTIVE LIFE INS. CO. v. SULLIVAN

No. 96-1080.

89 F.3d 1 (1996)

PROTECTIVE LIFE INSURANCE COMPANY, Plaintiff, Appellee, v. Dennis J. SULLIVAN, Defendant, and Dignity Viatical Settlement Partners, L.P., and Dignity Partners, Inc., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided July 15, 1996.

Attorney(s) appearing for the Case

Luke DeGrand with whom Clark & DeGrand, Chicago, IL, Wayne S. Henderson, and Heidlage & Reece, P.C., Boston MA, were on briefs, for appellants.

Elliott M. Kroll, Mark S. Fragner, Lori M. Meyers and Kroll & Tract, New York City, on brief, for Cancer Care, Inc., The Viatical Association of America, Affording Care, and the National Association of People With Aids, Amici Curiae.

John A. Shope with whom John H. Henn and Foley, Hoag & Eliot, Boston, MA, were on briefs, for appellee.

Rita M. Theisen, Andrea J. Hageman, LeBoeuf, Lamb, Greene & MacRae, L.L.P., Washington, DC, and Phillip E. Stano, Washington, DC, on brief, for American Council of Life Insurance, Amicus Curiae.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and BOUDIN, Circuit Judge.

PER CURIAM.

Dignity Viatical Settlement Partners, L.P. and Dignity Partners, Inc. (collectively, "Dignity") appeal from a judgment in favor of Protective Life Insurance Company in the insurance company's action for rescission of a life insurance policy. The district court held that the Massachusetts incontestability statute, Mass. Gen. L. ch. 175, § 132, does not bar an action for rescission of a life insurance policy for fraud, even though the action was commenced...

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