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CHAWLA v. TRANSAMERICA OCCIDENTAL LIFE INS. CO.

No. 05-1160.

440 F.3d 639 (2006)

Vera CHAWLA, Trustee for Harald Giesinger Special Trust, Plaintiff-Appellant, v. TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY, Defendant-Appellee. League of Life and Health Insurers of Maryland; Massachusetts Mutual Life Insurance Company; Banner Life Insurance Company, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 7, 2006.

Attorney(s) appearing for the Case

ARGUED: William H. Crispin, Crispin & Associates, P.L.L.C., Washington, D.C., for Appellant. E. Ford Stephens, Christian & Barton, L.L.P., Richmond, Virginia, for Appellee. ON BRIEF: Lauren A. Greenberg, Crispin & Associates, P.L.L.C., Washington, D.C., for Appellant. James E. Moore, Christian & Barton, L.L.P., Richmond, Virginia, for Appellee. Bryan D. Bolton, Cheryl A.C. Brown, Funk & Bolton, P.A., Baltimore, Maryland, for Amici Curiae Supporting Appellee.

Before WILKINSON and KING, Circuit Judges, and RICHARD D. BENNETT, United States District Judge for the District of Maryland, sitting by designation.

Affirmed in part and vacated in part by published opinion. Judge KING wrote the opinion, in which Judge WILKINSON and Judge BENNETT joined.

OPINION

KING, Circuit Judge:

Vera Chawla, as trustee for the Harald Giesinger Special Trust, appeals from an award of summary judgment made to Transamerica Occidental Life Insurance Company on the Trust's claim of breach of an insurance contract.1 By her civil action on behalf of...

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