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MILLER v. METROPOLITAN LIFE INS. CO.

Docket No. 19-3383-cv August Term, 2019.

979 F.3d 118 (2020)

Dale MILLER and John F. Barton, Jr., on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellants, v. METROPOLITAN LIFE INSURANCE COMPANY, a New York Corporation, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 29, 2020.

Attorney(s) appearing for the Case

Joshua A. Fields , Kirtland & Packard LLP, Redondo Beach, CA, Nicholas Farnolo , Napoli Shkolnik, PLLC, Melville, NY, for Plaintiffs-Appellants Dale Miller and John F. Barton, Jr., on Behalf of Themselves and All Others Similarly Situated.

Lee E. Bains, Jr. , Edward M. Holt , Caleb C. Wolanek , Maynard Cooper & Gale, P.C., Birmingham, AL for Defendant-Appellee Metropolitan Life Insurance Company, a New York Corporation.

Before: RAGGI, LOHIER, and MENASHI, Circuit Judges.

The Plaintiffs-Appellants are two commercial airline pilots who enrolled in a Group Variable Universal Life Insurance (GVUL) policy offered by the Metropolitan Life Insurance Company (MetLife) twenty years ago. During the enrollment process, MetLife asked the plaintiffs whether they had recently started or stopped using tobacco...

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