MALONE v. RELIASTAR LIFE INS. CO.

Nos. 08-1734, 08-2377.

558 F.3d 683 (2009)

John R. MALONE, Jr., as Trustee of the Gordon L. Beeler Irrevocable Trust, Plaintiff-Appellant, v. RELIASTAR LIFE INSURANCE CO. and AXA Equitable Life Insurance Co., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 12, 2009.


Attorney(s) appearing for the Case

David K. Herzog, Attorney (argued), Baker & Daniels, Indianapolis, IN, for Plaintiff-Appellant.

Theodore T. Poulos (argued), Attorney, Cotsirilos, Stephenson, Tighe & Streicker, Chicago, IL, for Defendants-Appellees.

Before KANNE, WILLIAMS, and SYKES, Circuit Judges.


KANNE, Circuit Judge.

This is a case about death. To be entitled to the death benefit payable under a life insurance policy, a beneficiary must prove that the insured is actually, or, in the alternative, perhaps only legally, dead. There is a difference between the two. As is often the case in the law, words and concepts so familiar in everyday life assume esoteric identities when cloaked in legal rhetoric. It should come as no surprise, then, that not...

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