DEAN WITTER REYNOLDS v. VARIABLE LIFE INS.

No. 02-1418.

373 F.3d 1100 (2004)

DEAN WITTER REYNOLDS INC., Plaintiff-Appellant, v. The VARIABLE ANNUITY LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 29, 2004.


Attorney(s) appearing for the Case

Stuart N. Bennett (Eric B. Liebman and Jeffrey A. Aramowicz with him on the briefs), Brega & Winters, P.C., Denver, CO, for Plaintiff-Appellant.

M. Gabriel McFarland, Bieging Shapiro & Burrus LLP, Denver, CO, for Defendant-Appellee.

Before SEYMOUR, McKAY, and McCONNELL, Circuit Judges.


McCONNELL, Circuit Judge.

In a world of instantaneous electronic fund transfers and online financial transactions, one would think that the old problems of disappearing checks, uncertain mail deliveries, and unknown thieves — long the staple of law school hypotheticals — would cease to have much practical significance. In this case, however, Defendant, the Variable Annuity Life Insurance Company ("VALIC"), opted to do it the old-fashioned way: It sent...

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