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ROEDER v. METROPOLITAN INS. AND ANNUITY CO.

No. 99-3962.

236 F.3d 433 (2001)

Jon B. ROEDER, Plaintiff-Appellant, v. METROPOLITAN INSURANCE AND ANNUITY COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 8, 2001.

Attorney(s) appearing for the Case

Thomas J. Culhane, argued, Omaha, NE (Patrick R. Guinan, Kevin R. McManaman, on the brief), for Appellant.

Alvin Pasternak, argued, New York City (Susan Elizabeth Blemon, on the brief), for Appellee.

Before BOWMAN, LOKEN, and HANSEN, Circuit Judges.

LOKEN, Circuit Judge.

This is an action to recover the proceeds of a life insurance policy issued to Norman E. Roeder, a Nebraska resident. Although the policy lapsed for nonpayment of premiums before Roeder died, his son, the policy beneficiary, asserts a right to recover the proceeds because the insurer, Metropolitan Insurance & Annuity Company, failed to provide a lapse notice required by the policy and the Nebraska...

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