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BAST v. PRUDENTIAL INS. CO. OF AMERICA

No. 97-35429.

150 F.3d 1003 (1998)

Roger Timothy BAST, individually and as Personal Representative for the Estate of Rhonda Rae Fleming Bast; Douglas Glenn Bast, a minor child, Plaintiffs-Appellants, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, an insurance corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 2, 1998.

As Amended August 3, 1998.

Attorney(s) appearing for the Case

Michael Fleming, Seattle, Washington, for plaintiffs-appellants.

Jerry Spoonemore, Montgomery, Purdue, Blankinship and Austin, Seattle, Washington, for defendant-appellee.

Jane Shapira, Northwest Women's Law Center, Seattle, Washington, for the amicus curiae.

Before: THOMPSON and TASHIMA, Circuit Judges and STAGG, District Judge.

DAVID R. THOMPSON, Circuit Judge:

Roger Timothy Bast, individually and as the personal representative of the estate of his late wife, Rhonda Rae Fleming Bast, and their minor son, Douglas Glenn Bast ("the Basts") appeal the district court's grant of summary judgment in favor of Prudential Insurance Company ("Prudential"). The Basts argue that Prudential acted in bad faith and breached its fiduciary duty to Rhonda Bast by delaying authorization for a potentially life...

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