CLAYBROOK v. CENTRAL UNITED LIFE INS. CO.

No. Civ.A.3:04 CV 0045 T.

387 F.Supp.2d 1199 (2005)

Robert W. CLAYBROOK and Marjorie K. Claybrook, Plaintiffs, v. CENTRAL UNITED LIFE INSURANCE COMPANY, Defendant.

United States District Court, M.D. Alabama, Eastern Division.

August 31, 2005.


Attorney(s) appearing for the Case

Louie Lee Sims, Jr., L. Lee Sims PC, Dadeville, AL, Michael Stephen Harper, Harper & Smith, PC, Tallassee, AL, for Plaintiffs and Counter Defendant.

Charles Alexander Dauphin, Elizabeth Wood McElroy, William Clarence Barclift, III, Baxley, Dillard, Dauphin & McKnight, Birmingham, AL, Jeffrey C. Kubin, Mark A. Giugliano, Gibbs & Bruns LLP, Houston, TX, Dennis R. Bailey, Rushton Stakely Johnston & Garrett PC, Montgomery, AL, for Defendant and Counter Claimant.

Grant J. Harvey, Gibbs & Bruns LLP, Houston, TX, for Counter Claimant.


OPINION

MYRON H. THOMPSON, District Judge.

In this diversity-of-citizenship lawsuit, 28 U.S.C.A. § 1332, plaintiffs Robert W. Claybrook and Marjorie K. Claybrook sued defendant Central United Life Insurance Company alleging Central United failed to pay, pursuant to a cancer-treatment insurance policy, supplemental benefits equal to the "actual charges" for Ms. Claybrook's chemotherapy. The Claybrooks...

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