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MURR v. MIDLAND NAT. LIFE INS. CO.

No. 13-2045.

758 F.3d 1016 (2014)

William MURR, Plaintiff-Appellant v. MIDLAND NATIONAL LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 15, 2014.

Attorney(s) appearing for the Case

Timothy G. Blood , argued, San Diego, CA, for Plaintiff-Appellant.

Thomas J. O'Reardon, II , Paula M. Roach , on the brief, for San Diego, CA, for Plaintiff-Appellant.

James C. Martin , argued, Pittsburgh, PA, for Defendant-Appellee.

Robert D. Phillips, Jr. , William H. Higgins , on the brief, San Francisco, CA, James A. Rolfes , on the brief, Chicago, IL, David J. Bird , on the brief, Pittsburgh, PA, Michael A. Dee , Jonathan M. Gallagher , on the brief, Des Moines, IA, for Defendant-Appellee.

Before WOLLMAN, BYE, and SHEPHERD, Circuit Judges.

WOLLMAN, Circuit Judge.

This dispute concerns a missing term in an annuity contract sold by Midland National Life Insurance Company (Midland) to William Murr. Murr contends that the plain language of the contract dictates that the term is zero or that, at a minimum, Midland's proffered term is unreasonable. The district court1 granted summary judgment in favor of Midland. Murr appeals, and we...

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