PHL VARIABLE INS. v. BOWIE 2008 IRREVOCABLE TRUST

No. 12-2243.

718 F.3d 1 (2013)

PHL VARIABLE INSURANCE COMPANY, Plaintiff, Appellee, v. The P. BOWIE 2008 IRREVOCABLE TRUST, by and through its trustee, Louis E. BALDI, Defendant, Appellant.

United States Court of Appeals, First Circuit.

May 13, 2013.


Attorney(s) appearing for the Case

Jesus E. Cuza Abdala, with whom Ina M. Berlingeri Vincenty and Holland & Knight LLP were on brief, for appellant.

Jessica Lynne Wilson, with whom Thomas F. A. Hetherington, Jarrett E. Ganer, Edison, McDowell & Hetherington LLP, Stephen M. Prignano, Raymond M. Ripple, and Edwards Wildman Palmer LLP were on brief, for appellee.

Before LYNCH, Chief Judge, LIPEZ and HOWARD, Circuit Judges.


LYNCH, Chief Judge.

This is an appeal from a grant of summary judgment in favor of plaintiff PHL Variable Insurance Company ("PHL") in its equitable action for rescission of a life insurance policy and special damages incident to the rescission of that policy. See PHL Variable Ins. Co. v. P. Bowie 2008 Irrevocable Trust, 889 F.Supp.2d 275 (D.R.I.2012). The district court found that the defendant, The P. Bowie 2008 Irrevocable...

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