PEHLE v. FARM BUREAU LIFE INS. CO., INC.

No. 03-8068.

397 F.3d 897 (2005)

Renna PEHLE and Gary W. Pehle, Plaintiffs-Appellants, v. FARM BUREAU LIFE INSURANCE COMPANY, INC.; Labone, Inc., a Kansas corporation; J. Alexander Lowden, M.D., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 9, 2005.


Attorney(s) appearing for the Case

David G. Lewis, Jackson, WY, for Plaintiffs-Appellants.

R. Michael Mullikin, Mullikin, Larson & Swift LLC, Jackson, WY, for Defendant-Appellee Farm Bureau Life Insurance Company, Inc.

David H. Yun, Jaudon & Avery LLP, Denver, CO, for Defendants-Appellees LabOne, Inc. and J. Alexander Lowden.

Before TACHA, Chief Judge, HOLLOWAY and LUCERO, Circuit Judges.


LUCERO, Circuit Judge.

Unbeknownst to Wyoming residents Gary and Renna Pehle, husband and wife, they were infected with the Human Immunodeficiency Virus ("HIV") at the time they applied for life insurance from Farm Bureau Life Insurance Company ("Farm Bureau") in 1999. At the time of the application, Farm Bureau collected the initial premium and arranged for blood tests from the Pehles in furtherance of the application. Blood samples were forwarded for analysis to...

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