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JONES v. JACKSON NAT. LIFE INS. CO.

No. 1:92-CV-135.

819 F.Supp. 1372 (1993)

Ellen C. JONES, Executrix of the Estate of Dennis M. Jones, Plaintiff, v. JACKSON NATIONAL LIFE INSURANCE COMPANY, Defendant and Third-Party Plaintiff, v. Terry L. LOTHAMER, d/b/a Insurance and Risk Management, Third-Party Defendant.

United States District Court, W.D. Michigan, Southern Division.

March 19, 1993.

Attorney(s) appearing for the Case

Henry L. Guikema, Grand Rapids, MI, for plaintiff.

David H. Oermann, Detroit, MI, for defendant and third-party plaintiff.

William S. Farr, Grand Rapids, MI, for third-party defendant.

OPINION OF THE COURT

McKEAGUE, District Judge.

This case presents fundamentally a breach of contract action to recover benefits under a policy of life insurance. Defendant Jackson National Life Insurance Company has denied liability, asserting the contract of insurance is void because the insured's health changed prior to delivery of the policy and because the application for insurance contained material misrepresentations. Further, defendant has filed a...

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