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GUARDIAN LIFE INS. CO. OF AMERICA v. GODUTI-MOORE

No. 99-5165.

229 F.3d 212 (2000)

GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Appellee, v. Donna M. GODUTI-MOORE, individually and as Executrix of the Estate of Kevin H. Moore, Defendant/Third-Party Plaintiff, v. Robert Beckett, Guardian Agency, National Pension Consultants, Donna M. Goduti-Moore, individually and as Executrix to the Estate of Kevin H. Moore, Appellant.

United States Court of Appeals, Third Circuit.

Filed September 27, 2000.

Attorney(s) appearing for the Case

Steven P. Del Mauro, Robert P. Lesko, (Argued), Del Mauro, Digiamo & Knepper, Morristown, N.J., Counsel for Appellee, Guardian Life Insurance Company of America.

Donald R. Belsole (Argued), Belsole & Kurnos, Morristown, N.J., Counsel for Appellant.

Before: ALITO and STAPLETON, Circuit Judges and POLLAK, District Judge.

OPINION OF THE COURT

POLLAK, District Judge:

This appeal concerns a $500,000 life insurance contract ("the policy") between appellee, The Guardian Life Insurance Company of America ("Guardian"), and Kevin H. Moore, the deceased husband of appellant, Donna M. Goduti-Moore. Guardian, a New York corporation, brought this diversity action against Ms. Goduti-Moore, a citizen of New Jersey, in New Jersey's federal district court seeking a declaratory judgment...

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