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PRUDENTIAL INS. CO. OF AMERICA v. COOPER

Civ. No. 86-1349.

666 F.Supp. 190 (1987)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff, v. Virginia F. COOPER; and Patricia L. Cooper, individually and as Personal Representative of the Estate of Melvin J. Cooper, deceased, Defendants.

United States District Court, D. Idaho.

August 18, 1987.

Attorney(s) appearing for the Case

M. Allyn Dingel, Jr., Kaye L. O'Riordan, Elam, Burke and Boyd, Boise, Idaho, for plaintiff.

Stanley W. Welsh, Sara M. Thorpe, Clemons, Cosho & Humphrey, P.A., Boise, Idaho, for defendant Virginia Cooper.

C.H. Higer, Richard K. Linville, Higer & Linville, Emmett, Idaho, Glenn A. Coughlan, Coughlan, Coughlan & Korn, Boise, Idaho, for defendant Patricia Cooper.

ORDER

RYAN, District Judge.

I. INTRODUCTION

On November 7, 1966, Melvin J. Cooper purchased a life insurance policy from The Prudential Insurance Company of America (Prudential) in the face amount of $13,000.00. Included within the policy was Mr. Cooper's application for insurance dated November 1, 1962, which provided that insurance was to be payable upon his death to Virginia Cooper, Melvin's wife at the time of the issuance of the policy. On...

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