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PHL VARIABLE INS. CO. v. FULBRIGHT McNEILL, INC.

No. 07-1322.

519 F.3d 825 (2008)

PHL VARIABLE INSURANCE COMPANY, Appellee, v. FULBRIGHT McNEILL, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 27, 2008.

Attorney(s) appearing for the Case

Timothy Oliver Dudley, argued, Little Rock, AR (Mark Riable, on the brief), for appellant.

Larry W. Burks, argued, Little Rock, AR, for appellee.

Before RILEY, TASHIMA, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Fulbright McNeill, Inc. (FMI) appeals the district court's2 grant of summary judgment in favor of PHL Variable Insurance Company ("PHL"). FMI was the beneficiary of a life insurance policy issued by PHL to Keith McNeill. After McNeill's death, PHL sued FMI seeking rescission and cancellation of the policy, arguing that McNeill misrepresented the state of his health when he...

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