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JUSTOFIN v. METROPOLITAN LIFE INS. CO.

No. 02-4264.

372 F.3d 517 (2004)

Jeffrey JUSTOFIN, Christopher Justofin; Damian Justofin; Robert Justofin; Ivan Justofin, (Beneficiaries of Loretta K. Justofin, Deceased), Appellants v. METROPOLITAN LIFE INSURANCE CO.

United States Court of Appeals, Third Circuit.

June 25, 2004.

As Amended August 12, 2004.

Attorney(s) appearing for the Case

Timothy M. Kolman, Wayne A. Ely, (Argued), Timothy M. Kolman & Associates, Langhorne, for Appellants.

Alvin Pasternak, Anthony J. Tomari, Metropolitan Life Insurance Company Law Department, New York, Veronica W. Saltz, (Argued), Saltz Polisher, Wayne, for Appellee.

Before SCIRICA, Chief Judge, NYGAARD and AMBRO, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

The Justofins, beneficiaries under the life insurance policy of their mother Loretta K. Justofin ("Loretta"), sued Metropolitan Life Insurance Company ("MetLife") for denying a portion of death benefit proceeds. The District Court granted summary judgment in favor of MetLife by finding the amendment to the life insurance policy increasing the benefit void because of Loretta's failure to disclose fully her medical...

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