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PHILLIPS-FOSTER v. UNUM LIFE INS. CO. OF AMERICA

Nos. 01-3570, 01-3648.

302 F.3d 785 (2002)

Sarah L. PHILLIPS-FOSTER, Plaintiff/Appellant, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant/Appellee, Nancy Ruhland, as parent and natural guardian of Ian G. Foster and Craig A. Foster, minor children; Jeramy T. Foster; Angela Sue Whitwam; Victoria Poshard; Diane Della Busta, as guardian ad-litem for Zoe Elizabeth Phillips, a minor child, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: September 4, 2002.

Attorney(s) appearing for the Case

David G. Johnson, argued, Minneapolis, MN, for appellant.

Terrance J. Wagener, argued, Minneapolis, MN (Jack Harper, III, on the brief), for appellee.

Before: MORRIS SHEPPARD ARNOLD, HEANEY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Sarah Phillips-Foster brought this declaratory judgment action against UNUM Life Insurance Company of America which had insured her deceased husband, Mark Foster. UNUM declined to pay her the policy proceeds because of a contractual suicide exclusion and because of her suspected involvement in Foster's death. She sued the company and other beneficiaries, and the district court1 granted summary

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