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MANN v. NEW YORK LIFE INS. AND ANNUITY CORP.

No. CIV.00-1570 PHX-MHM.

222 F.Supp.2d 1151 (2002)

Dianne M. MANN, trustee of the bankruptcy estate of Courtney Ann Wiggs, Plaintiff, v. NEW YORK LIFE INSURANCE AND ANNUITY CORP., a Delaware Corp., Defendant.

United States District Court, D. Arizona.

September 18, 2002.

Attorney(s) appearing for the Case

Nicholas C Guttilla, Alisan MB Patten, Patrick M Murphy, Guttilla & Murphy, PC, Phoenix, AZ, for Courtney Wiggs, a widow, plaintiff.

Robert Clifford Hackett, Daniel Paul Beeks, Mohr Hackett Pederson Blakley & Randolph, PC, Phoenix, AZ, for New York Life Insurance Company and Annuity Corp, a Delaware corporation, defendant.

Dianne M Mann, Trustee of the Chapter VII Bankruptcy Estate of Courtney Anne Wiggs, trustee.

ORDER

MURGUIA, District Judge.

Pending before the Court are the parties' cross-motions for summary judgment. [Docs # 33 and 34].

I. Background

This matter arises out of a conditional temporary coverage agreement (the "agreement") entered into by the parties.1

On or about August 28, 1998, Lucas Wiggs ("Lucas") submitted an application for a $2 million variable life insurance policy with Defendant to Bruce...

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