PRUCO LIFE INS. CO. v. WILMINGTON TRUST CO.

Nos. 12-2227, 12-2228.

721 F.3d 1 (2013)

PRUCO LIFE INSURANCE COMPANY, Plaintiff, Appellee, v. WILMINGTON TRUST COMPANY, Trustee under the Paul E. L'Archevesque Special Revocable Trust-2006; Jay L'Archevesque, Co-Trustee under the Paul E. L'Archevesque Special Revocable Trust-2006, Defendants, Appellants.

United States Court of Appeals, First Circuit.

June 28, 2013.


Attorney(s) appearing for the Case

F. Warren Jacoby , with whom Cozen O'Connor , Mary Cavanagh Dunn , and Blish & Cavanagh LLP were on brief, for appellant Wilmington Trust Company.

Robert M. Duffy , with whom Stacey P. Nakasian and Duffy & Sweeney, Ltd. were on brief, for appellant Jay L'Archevesque.

Laurie E. Foster , with whom Allyson N. Ho , Morgan, Lewis & Bockius LLP, Robert C. Shindell , Angela L. Carr , and Taylor Duane Barton & Gilman, LLP were on brief, for appellee.

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


LYNCH, Chief Judge.

Wilmington Trust Company and Jay L'Archevesque, co-trustees of the Paul E. L'Archevesque Special Revocable Trust-2006, challenge the district court's grant of summary judgment to Pruco Life Insurance Company on Pruco's claim for a judgment of mutual rescission of a life insurance policy, owned by the trust, on the life of Paul L'Archevesque.

This case turns on a limited set of material facts. Pruco sought rescission of the policy after...

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