KIRK v. KEMPER INVESTORS LIFE INS. CO.

Civil. Action No. H-05-0501.

448 F.Supp.2d 828 (2006)

Walter Boyce KIRK, Jr., et al, Plaintiffs, v. KEMPER INVESTORS LIFE INSURANCE COMPANY, Defendant.

United States District Court, S.D. Texas, Houston Division.

August 8, 2006.


Attorney(s) appearing for the Case

Bruce Allan Rokohl, Attorney at Law, Houston, TX, for Plaintiff.

Laura S. Favaloro, Newman Favaloro & Troegel, Houston, TX, Leo M. Spellacy, Jr., Cleveland, OH, for Defendant.


MEMORANDUM AND ORDER

ELLISON, District Judge.

Pending before the Court are Defendant's Motion for Summary Judgment on the issue of misrepresentation (Doc. # 27) and Motion for Summary Judgment on the issue of waiver (Doc. # 35). For the reasons set forth below, the Motion for Summary Judgment on the issue of misrepresentation is GRANTED IN PART and DENIED IN PART, and the Motion for Summary Judgment on the issue of waiver...

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