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PHL VARIABLE v. SHELDON HATHAWAY FAMILY

Nos. 15-4028, 15-4029.

819 F.3d 1283 (2016)

PHL VARIABLE INSURANCE COMPANY, Plaintiff-Appellee, v. The SHELDON HATHAWAY FAMILY INSURANCE TRUST, by and through its trustee, David HATHAWAY, Defendant-Appellant, and Windsor Securities, LLC, Intervenor Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 22, 2016.

Attorney(s) appearing for the Case

Alexander Dushku , Kirton McConkie , Salt Lake City, UT ( R. Willis Orton , R. Shawn Gunnarson , and Shawn T. Richards , Kirton McConkie , Salt Lake City, UT, and David W. Scofield , Peters Scofield , Sandy, UT, with him on the briefs), for Appellants.

David T. McDowell , Edison, McDowell & Hetherington, LLP, Houston, TX ( Thomas F.A. Hetherington , Jessica L. Wilson , and Andrew R. Kasner , Edison, McDowell & Hetherington, LLP, Houston, TX, on the brief), for Appellee.

Before MATHESON, BALDOCK, and MORITZ, Circuit Judges.

Sheldon Hathaway became embroiled in a stranger-originated-life-insurance (STOLI) scheme at the behest of his neighbor, Jay Sullivan. A STOLI scheme typically works something like this: An elderly individual authorizes a speculator to take out a policy on his or her life. The speculator pays the policy premiums and then profits...

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