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WHITE v. NEW YORK LIFE INS. CO.

Civil Action No. CV107-121.

564 F.Supp.2d 1372 (2008)

Richard S. WHITE and Edward C. White, Plaintiffs, v. NEW YORK LIFE INSURANCE COMPANY, Defendant.

United States District Court, S.D. Georgia, Augusta Division.

May 16, 2008.

Attorney(s) appearing for the Case

Kenneth M. Nimmons, Nimmons & Malchow, P.C., Augusta, GA, for Plaintiffs.

H. Sanders Carter, Jr., Aaron E. Pohlmann, Smith Moore, LLP, Atlanta, GA, for Defendant.

ORDER

ANTHONY A. ALAIMO, District Judge.

Plaintiffs, Richard S. White and Edward C. White, filed the above-captioned case against Defendant, New York Life Insurance Company ("New York Life"), alleging that the insurer refused to pay their claim as beneficiaries under a life insurance policy. Presently before the Court is New York Life's motion for summary judgment. Because the policy lapsed before the policyholder's death, the motion will be

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