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McCLELLAND v. LIFE INS. CO. OF NORTH AMERICA

Nos. 10-3353, 11-1300.

679 F.3d 755 (2012)

Dawn McCLELLAND, Appellee, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 24, 2012.

Attorney(s) appearing for the Case

Daniel K. Ryan , argued, Chicago, IL, Nancy G. Lischer , Chicago, IL, Thomas P. Kane , Mark T. Berhow , Minneapolis, MN, on the brief, for appellant.

Kay Nord Hunt , argued, Minneapolis, MN, Phillip A. Cole , Ronald L. Haskvitz , Brayan R. Feldhaus , Daniel M. Homolka , on the brief, Minneapolis, MN, for appellee.

Before MELLOY, BEAM, and GRUENDER, Circuit Judges.

BEAM, Circuit Judge.

Life Insurance Company of North America (LINA) appeals the district court's1 ruling that LINA abused its discretion in denying death benefits to Dawn McClelland based upon her husband Anthony's life insurance policy. LINA also appeals the district court's award of attorney fees. We affirm the district court's decision on the award of benefits, but remand for further proceedings with regard to the attorney fee award...

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