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GILLOGLY v. GENERAL ELEC. CAPITAL ASSUR. CO.

Nos. 04-7026, 04-7032, 04-7042.

430 F.3d 1284 (2005)

Russell Lee GILLOGLY, Plaintiff-Appellee/Cross-Appellant, v. GENERAL ELECTRIC CAPITAL ASSURANCE COMPANY, aka GE Capital Assurance, aka GE Financial Assurance Holdings, Inc., Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

December 12, 2005.

Attorney(s) appearing for the Case

John T. Edwards and Shannon L. Edwards, Monnet, Hayes, Bullis, Thompson & Edwards, Oklahoma City, OK; Reid L. Ashinoff, Michael S. Gugig, and Joshua S. Akbar, Sonnenschein, Nath & Rosenthal LLP, New York, NY; and James M. Sturdivant and Timothy A. Carney, Cable & Gotwals, Tulsa, OK, for Defendant-Appellant/Cross-Appellee.

W.G. Gil Steidley, Jr., Michelle Harris, and Keri G. Williams, Steidley & Neal, Tulsa, OK; and Charles D. Neal, Jr., Steidley & Neal, McAlester, OK, for Plaintiff-Appellee/Cross-Appellant.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and KELLY, Circuit Judge.

EBEL, Circuit Judge.

In these appeals, we interpret a long term care insurance policy that Plaintiff Russell Lee Gillogly ("Gillogly") purchased from a predecessor to Defendant insurer General Electric Capital Assurance Company ("GECA").1 We REVERSE the district court's grant of summary judgment for Gillogly on his claim that GECA breached its contract with Gillogly when it denied his request for benefits under the policy. We also REVERSE...

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