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PHL VARIABLE INS. v. MORELLO IRREVOCABLE TRUST

No. 10-1696.

645 F.3d 965 (2011)

PHL VARIABLE INSURANCE COMPANY, Plaintiff, v. LUCILLE E. MORELLO 2007 IRREVOCABLE TRUST, by and through its trustee, BNC NATIONAL BANK; David Claus; Cambridge Management Group, Ltd.; Cambridge Financial Group, Ltd.; Jeffrey Chiaro, Defendants, v. New Stream Insurance, LLC, Third Party Plaintiff-Appellant, v. PHL Variable Insurance Company, Third Party Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 14, 2011.

Attorney(s) appearing for the Case

Brian P. Brooks , argued, Pasadena, CA, Arthur W.S. Duff , on the brief, Washington, DC, for appellant.

David T. McDowell , argued, Jarrett E. Ganer , on the brief, Houston, TX, for appellee.

Before SMITH, BEAM, and BENTON, Circuit Judges.

SMITH, Circuit Judge.

New Stream Insurance, LLC ("New Stream") indirectly loaned an insured money to purchase a high-dollar life insurance policy from PHL Variable Insurance, Co. ("Phoenix"), a member of the Phoenix Companies, Inc. After the insured's death, it came to light that the insured had fraudulently procured the policy, prompting Phoenix to deny the death benefit, sue the beneficiaries for rescission of the insurance contract, and retain all premiums paid...

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