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SECURITY LIFE INS. CO. OF AMERICA v. MEYLING

No. CIV. S-95-1463 WBS/GGH.

954 F.Supp. 1421 (1997)

SECURITY LIFE INSURANCE COMPANY OF AMERICA, a Minnesota corporation, Plaintiff, v. Garry L. MEYLING, an individual, Defendant. Garry L. MEYLING, an individual, Counterclaimant, v. SECURITY LIFE INSURANCE COMPANY OF AMERICA, a Minnesota corporation, Counterdefendant.

United States District Court, E.D. California.

February 25, 1997.

Attorney(s) appearing for the Case

Marilyn A. Monahan, Dorais and Wheat, Los Angeles, CA, for Security Life Insurance Company of America.

Clifford Wade Stevens, Neumiller and Beardslee, Stockton, CA, for Garry L. Meyling.

MEMORANDUM AND ORDER

SHUBB, Chief Judge.

Plaintiff-insurer Security Life Insurance Company of America ("Security") seeks to rescind its insurance contract with defendant-insured Garry Meyling. Meyling's Amended Counterclaim contains claims for recovery of benefits and violation of claims procedures under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. Both parties now move for summary judgment. Meyling also moves...

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