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NELSON v. SUN LIFE ASSUR. CO. OF CANADA

No. 2:96-CV-177.

962 F.Supp. 1010 (1997)

Fred NELSON, Plaintiff, v. SUN LIFE ASSURANCE COMPANY OF CANADA, a foreign corporation, Defendant.

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

April 8, 1997.

Attorney(s) appearing for the Case

John T. Reardon, Peterson, Beauchamp, DeGrand, Reardon & Hall, P.C., Escanaba, MI, for Fred Nelson.

Gloria K. Miller, Dickinson, Wright, Moon, Van Dusen & Freeman, Detroit, MI, for Sun Life Assur. Co. of Canada.

OPINION REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT

QUIST, District Judge.

This is a dispute over an employee benefits plan. Plaintiff, now deceased, was the sole beneficiary under a contract of insurance issued by Defendant to LeRoy Hardwick. On November 3, 1995, Hardwick became intoxicated and was killed due to a cervical spine fracture suffered during a single motor vehicle accident in Delta County, Michigan. Plaintiff applied for and received...

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