CATHOLIC CHARITIES v. PHL VARIABLE INSURANCE CO.

No. 21-3187.

74 F.4th 1321 (2023)

CATHOLIC CHARITIES OF SOUTHWEST KANSAS, INC., Plaintiff-Appellant, v. PHL VARIABLE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED July 25, 2023.


Attorney(s) appearing for the Case

Ira S. Lipsius , Lipsius-BenHaim Law, LLP, Kew Gardens, New York, ( David BenHaim , Lipsius-BenHaim Law, LLP, Kew Gardens, New York, and William P. Tretbar and Lyndon W. Vix , Fleeson, Gooing, Coulson & Kitch, LLC, Wichita, Kansas, with him on the briefs) for Plaintiff-Appellant.

Jarrett E. Ganer , McDowell Hetherington LLP, Houston, Texas, ( Ryan Goodland , McDowell Hetherington LLP, Houston, Texas, with him on the brief) for Defendant-Appellee.

Before BACHARACH, MURPHY, and CARSON, Circuit Judges.


This diversity case presents the question of when the statute of limitations for a breach of contract claim alleging the wrongful termination of a life insurance contract begins to run under Kansas law. If the limitations period began when Defendant acted to terminate Plaintiff's policies, the district court correctly dismissed...

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