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GOLDEN RULE INS. CO. v. MONTGOMERY

No. CV-04-0204-PHX-JAT.

435 F.Supp.2d 980 (2006)

GOLDEN RULE INSURANCE COMPANY, a foreign corporation, Plaintiff, v. Thomas A. MONTGOMERY and Tracy R. Montgomery, individually, as husband and wife, and as representatives of Wyatt A. Montgomery, a minor; and John and Jane Does I-X, Defendants.

United States District Court, D. Arizona.

June 5, 2006.

Attorney(s) appearing for the Case

Elliot H. Wernick, Timothy R. Hyland, Kunz Plitt Hyland Demlong & Kleifield PC, Phoenix, AZ, for Golden Rule Insurance Company a Foreign Corporation, Golden Rule Insurance Company.

Mick Levin, Tidmore & Lerma LLP, Phoenix, AZ, for Thomas A. Montgomery Husband and as Representative of Wyatt A. Montgomery, a Minor, Tracey R. Montgomery Wife AND AS Representative of Wyatt A. Montgomery, a Minor, John Does I-X, Jane Does I-X.

Hank E. Pearson, Jay Max Mann, Mann Berens & Wisner LLP, Phoenix, AZ, for Steven Pettit, Victoria Pettit also Known as Jane Doe Pettit.

ORDER

TEILBORG, District Judge.

Pending before the Court is the Plaintiff/Counterdefendant's Motion For Summary Judgment (doc. 73). The Court now rules on the motion.

I. BACKGROUND

On January 23, 2002, the Defendants/Counterclaimants (the "Defendants") applied for insurance with Plaintiff/Counterdefendant Golden Rule Insurance Company (the "Plaintiff'). The application form included a medical history section and required an authorization...

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