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SER YANG v. WESTERN-SOUTHERN LIFE ASSUR. CO.

No. 12-2021.

713 F.3d 429 (2013)

SER YANG and Xeng Yang, Plaintiffs-Appellants v. WESTERN-SOUTHERN LIFE ASSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 25, 2013.

Attorney(s) appearing for the Case

Jason Whitley , argued, Amery, WI, for appellant.

Joseph Michael Windier , argued, Justice Ericson Lindell , on the brief, Minneapolis, MN, for appellee.

Before WOLLMAN, BYE, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Soua Yang purchased a life insurance policy from Western-Southern Life Assurance Company (WSLAC). Yang died six months later. Her beneficiaries claimed the death benefit. WSLAC denied the claim on the basis that she had not disclosed her Hepatitis B on the application. Her beneficiaries sued WSLAC. The district court granted summary judgment to WSLAC. Having jurisdiction under 28 U.S.C. § 1291, this court reverses and remands.

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