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PRUDENTIAL INS. CO. OF AMERICA v. MARULLO

No. 90-7011-CIV.

774 F.Supp. 631 (1991)

PRUDENTIAL INSURANCE COMPANY of AMERICA, Plaintiff, v. Rebecca MARULLO, individually and as Representative of the Estate of James A. Marullo; John Doe as Guardian of the property of the children, stepchildren and adopted children of James A. Marullo; and Angela Marullo, Defendants.

United States District Court, S.D. Florida.

October 9, 1991.

Attorney(s) appearing for the Case

Cecelia Aulick, of Wicker, Smith, Tutan O'Hara, McCoy, Graham & Lane, P.A., Miami, Fla., for Prudential Ins. Co.

Kenneth D. Cooper, Ft. Lauderdale, Fla., for Rebecca Marullo.

Alan B. Cohn, of Abrams, Anton, Robbins, Resnick & Schneider, P.A., Hollywood, Fla., for the Guardian of the property of the children, stepchildren and adopted children of James A. Marullo.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

PAINE, District Judge.

But fresh lilaced moorland fields cannot hide the stolid stench of death. -Morrissey, Suffer Little Children.

1. On April 21, 1988, James A. Marullo ("James"), enrolled in a group life insurance policy, issued by the Plaintiff, Prudential Insurance Company of America ("Prudential"), as part of a employee benefit plan established...

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