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PAUL REVERE LIFE INS. CO. v. FIMA

No. 94-55986.

105 F.3d 490 (1997)

PAUL REVERE LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. Raoul G. FIMA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 22, 1997.

As Amended April 3, 1997.

Attorney(s) appearing for the Case

Robert J. McKennon, Barger & Wolen, Los Angeles, California, for plaintiff-appellant.

Steven J. Kleifield, Gordon, Edelstein, Krepack, Grant, Felton & Goldstein, Los Angeles, California, for defendant-appellee.

Before BRUNETTI, TROTT, and THOMAS, Circuit Judges.

OPINION

BRUNETTI, Circuit Judge:

The Paul Revere Life Insurance Company ("Revere") appeals from a declaratory judgment entered in favor of Raoul G. Fima ("Fima"). After a bench trial, the district court held that a 1988 disability insurance policy issued by Revere to Fima was not void ab initio for lack of an insurable interest. In a diversity action, Revere sought to invalidate the policy which contained an incontestability clause on the ground that Fima...

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