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RELIASTAR LIFE INS. CO. v. IOA RE, INC.

No. 01-3287.

303 F.3d 874 (2002)

RELIASTAR LIFE INSURANCE COMPANY, Appellee, v. IOA RE, INC.; Swiss Re Life Canada, Appellants. The Reinsurance Association, Amicus on Behalf of Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: September 9, 2002.

Attorney(s) appearing for the Case

Deborah F. Cohen, argued, Philadelphia, PA (Stacy A. Broman, Erica Gutmann Strohl, Christine G. Russell and Michael J. Gilleece, on the brief), for appellant.

Jerry W. Snider, argued, Minneapolis, MN (Deborah A. Ellingboe and C. David Flower, on the brief), for appellee.

Before HANSEN, Chief Judge, FAGG, and BOWMAN, Circuit Judges.

BOWMAN, Circuit Judge.

ReliaStar Life Insurance Company sued IOA Re, Inc. and Swiss Re Life Canada (collectively, the retrocessionaires) for breach of contract arising out of an alleged failure to pay under reinsurance contracts. IOA Re and Swiss Re counterclaimed, alleging that they were entitled to rescind the reinsurance contracts, and that in any case ReliaStar committed a breach of contract by failing to remit premiums to the retrocessionaires. The parties filed...

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