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PHL VARIABLE INS. v. PRICE DAWE 2006 INS.

No. 174, 2011.

28 A.3d 1059 (2011)

PHL VARIABLE INSURANCE COMPANY, Plaintiff Appellant, v. PRICE DAWE 2006 INSURANCE TRUST, by and through its trustee, CHRISTIANA BANK AND TRUST COMPANY, et al., Defendant Appellees.

Supreme Court of Delaware.

Decided: September 20, 2011.

Attorney(s) appearing for the Case

Richard D. Heins and Tiffany Geyer Lydon of Ashby & Geddes, Wilmington, Delaware. Of Counsel: Thomas F.A. Hetherington (argued) and Jarrett E. Ganer of Edison McDowell & Hetherington, LLP, Houston, Texas for appellant.

John E. James , David E. Moore , Michael B. Rush of Potter Anderson & Corroon LLP, Wilmington, Delaware. Of Counsel: John E. Failla (argued), Elise A. Yablonski and Nathan Lander of Proskauer Rose LLP, New York, New York and Lary Alan Rappaport of Proskauer Rose LLP, Los Angeles, California for appellee.

Benjamin A. Schwartz of Schwartz & Schwartz, Dover, Delaware. Of Counsel: Neil Merkl and James V. O'Gara of Kelly Drye & Warren, LLP, New York, New York for Amicus Curiae American Council of Life Insurance.

STEELE, Chief Justice:

This is a proceeding, under Article IV, Section 11(8) of the Delaware Constitution and Supreme Court Rule 41, on a question of law certified to, and accepted by us, from the United States District Court for the District of Delaware. The certified questions arise from two similar cases— PHL Variable Insurance Co. v. Price Dawe 2006 Insurance Trust (Dawe) and Lincoln National Life Insurance Co. v. Joseph Schlanger 2006 Insurance...

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