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LaDOW v. NEW ENGLAND MUT. LIFE INS. CO.

No. 87-4083-R.

727 F.Supp. 1399 (1989)

Debra LaDOW and Debra LaDow, Administrator of the Estate of Larry LaDow, Deceased, Plaintiffs, v. NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, Defendant.

United States District Court, D. Kansas.

December 14, 1989.

Attorney(s) appearing for the Case

James L. Bush, Windscheffel & Bush, Chtd., Smith Center, Kan., for plaintiffs.

Gerald L. Goodell, Goodell, Stratton, Edmonds & Palmer, Topeka, Kan., for defendant.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This case is now before the court upon long-pending cross motions for summary judgment. This is an action for death benefits from a life insurance policy. The question to be decided is whether the policy was surrendered before or after the death of the insured. The following facts appear undisputed.

Larry LaDow took out a whole life policy with an accidental death rider from defendant on May 15, 1984....

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