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LAGSTEIN v. CERTAIN UNDERWRITERS AT LLOYD'S

Nos. 11-17369, 11-17460.

725 F.3d 1050 (2013)

Zev LAGSTEIN, M.D., Plaintiff-Appellant/Cross-Appellee, v. CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON, a foreign insuring entity, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 5, 2013.

Attorney(s) appearing for the Case

Thomas L. Hudson (argued), Osborn Maledon, P.A., Phoenix, AZ; Charles J. Surrano III and John N. Wilborn , Surrano Law Offices, Phoenix, AZ; Julie A. Mersch , Law Offices of Julie A. Mersch, Las Vegas, NV, for Plaintiff-Appellant/Cross-Appellee.

Evan M. Tager (argued) and Philip Allen Lacovara , Mayer Brown LLP, Washington, D.C.; Joseph M. Rimac , Anna M. Martin , and Kevin G. Gill , Rimac Martin, P.C., San Francisco, CA, for Defendant-Appellee/Cross-Appellant.

Before: RICHARD R. CLIFTON and CARLOS T. BEA, Circuit Judges, and KEVIN THOMAS DUFFY, District Judge.

OPINION

DUFFY, District Judge:

After undergoing major heart surgery in 2001, Dr. Zev Lagstein, a nuclear cardiologist, made a claim on a disability insurance policy he had purchased from Certain Underwriters at Lloyd's of London. Lloyd's pussyfooted for years only to eventually deny the claim, so Dr. Lagstein sued in the United States District Court for the District of Nevada. Lloyd's moved to arbitrate pursuant to the policy, and the District Court granted...

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