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YATES v. BANKERS LIFE & CAS. INS. CO.

Civil Action No. 3:09-CV-300-H.

720 F.Supp.2d 809 (2010)

Diana J. YATES, et al., Plaintiffs v. BANKERS LIFE & CASUALTY INSURANCE CO., Defendant.

United States District Court, W.D. Kentucky, at Louisville.

June 14, 2010.

Attorney(s) appearing for the Case

Chris J. Gohman , Chris J. Gohman PLLC, Radcliff, KY, for Plaintiffs.

Ann T. Taylor , Gary L. Howard , Bradley Arant Boult Cummings LLP, Birmingham, AL, for Defendant.

MEMORANDUM OPINION AND ORDER

JOHN G. HEYBURN, II, District Judge.

Plaintiff brings this action seeking recovery for life insurance benefits under a policy for which her son, Dennis M. Yates ("Yates"), applied on July 22, 2008. As fate would have it, Yates passed away before the life insurance company, Bankers Life & Casualty Insurance Co. ("Bankers" or "the insurance company"), determined whether it would fully accept the application and insure Yates...

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