MEGA LIFE AND HEALTH INS. CO. v. PIENIOZEK

No. 08-14414.

585 F.3d 1399 (2009)

MEGA LIFE AND HEALTH INSURANCE COMPANY, The, Plaintiff-Counter-Defendant-Appellant, Cross-Appellee, v. Donald D. PIENIOZEK, individually and as administrator of the estate of Kellie O. Pieniozek, Deceased, Defendant-Counter-Claimant-Appellee, Cross-Appellant, Estate of Kellie O. Pieniozek, Deceased, Defendant.

United States Court of Appeals, Eleventh Circuit.

October 19, 2009.


Attorney(s) appearing for the Case

James W. Lampkin, II, Alford, Clausen & McDonald, LLC, Mobile, AL, for Mega Life & Health Ins. Co.

Tony S. Hebson, Gulas Stuckey, P.C., Birmingham, AL, for Pieniozek.

Before CARNES and PRYOR, Circuit Judges, and DOWD, District Judge.


DOWD, District Judge:

I. Overview

This appeal is the second appeal in this case before the Court. In the first appeal, the Court vacated the district court's grant of summary judgment in favor of Mr. Pieniozek ("Pieniozek") on Mega Life and Health Insurance Company's ("Mega") claim for rescission of Ms. Pieniozek's life insurance policy and Pieniozek's counterclaim for breach of contract, and remanded the case for determination by a fact-finder as to Mega...

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