FLEMING v. MONUMENTAL LIFE INS. CO.

No. 97-35118.

154 F.3d 1001 (1998)

William L. FLEMING, Plaintiff-Appellee, v. MONUMENTAL LIFE INSURANCE COMPANY; Monumental General Insurance Group, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 1, 1998.


Attorney(s) appearing for the Case

Kevin A. Bay and Roger J. Kindley, Ryan, Swanson & Cleveland, Seattle, WA, for defendants-appellants.

Jonathan P. Meier and Stephen J. Sirianni, Sirianni & Youtz, Seattle, WA, for plaintiff-appellee.

Before: LAY, PREGERSON and GRABER, Circuit Judges.


Opinion by Judge LAY; Dissent by Judge GRABER.

LAY, Circuit Judge:

In this diversity case, William L. Fleming sued Monumental Life Insurance Company and Monumental General Insurance Group ("Monumental") to recover life insurance benefits Fleming alleged were due under a policy Monumental issued to Paul Arnold. Following a bench trial, the district court entered judgment in favor of Fleming. Monumental appeals. We affirm.

BACKGROUND

Fleming...

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