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FIRST PENN-PACIFIC LIFE INS. CO. v. EVANS

No. 01-2218.

304 F.3d 345 (2002)

FIRST PENN-PACIFIC LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. William R. EVANS, Chartered; Maryland First Financial Services Corporation, Defendants-Appellees. Maryland Securities Commission, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 18, 2002.

Attorney(s) appearing for the Case

ARGUED: Derek Barnet Yarmis, Funk & Bolton, P.A., Baltimore, Maryland, for Plaintiff-Appellant. Paul Stephen Caiola, Gallagher, Evelius & Jones, L.L.P., Baltimore, Maryland, for Defendant-Appellee Maryland First Financial Services Corporation. Lucy Adams Cardwell, Assistant Attorney General, Baltimore, Maryland, for Amicus Curiae. ON BRIEF: Lee Ann Lezzer, Funk & Bolton, P.A., Baltimore, Maryland, for Plaintiff-Appellant. Thomas C. Dame, Gallagher, Evelius & Jones, L.L.P., Baltimore, Maryland, for Defendant-Appellee Maryland First Financial Services Corporation. J. Joseph Curran, Jr., Attorney General of Maryland, Katharine M. Weiskittel, Staff Attorney, Baltimore, Maryland, for Amicus Curiae.

Before WILKINSON, Chief Judge, and NIEMEYER and LUTTIG, Circuit Judges.

Affirmed by published opinion. Chief Judge WILKINSON wrote the majority opinion, in which Judge NIEMEYER joined. Judge LUTTIG wrote a dissenting opinion.

OPINION

WILKINSON, Chief Judge.

First Penn-Pacific Life Insurance Company sought rescission of a life insurance policy, alleging fraud. Maryland First Financial Corporation intervened as the receiver for Answer Care, Inc., a viatical settlement company, because the policy was a claimed asset of...

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