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HAMMOND v. PACIFIC MUT. LIFE INS. CO.

No. Civ.A. 01-386-A.

159 F.Supp.2d 249 (2001)

Janet and Daphne HAMMOND, as Personal Representatives of the Estate of Marjorie Hammond; M.H.H. Irrevocable Trust; Janet Hammond; and Daphne Hammond, Plaintiffs, v. PACIFIC MUTUAL LIFE INSURANCE COMPANY, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

August 23, 2001.

Attorney(s) appearing for the Case

Meredith Nicole Long, The Falk Law Firm, Washington, D.C., for plaintiffs.

Jeff Wayne Rosen, Pender & Coward, Virginia Beach, VA, for defendant.

MEMORANDUM OPINION

ELLIS, District Judge.

In this diversity action to recover on a life insurance policy, two questions are presented by the parties' cross-motions for summary judgment: (i) whether the policy in issue included a condition precedent to its effectiveness that was applicable in the circumstances at bar; and (ii) whether, in the circumstances at bar, Virginia Code § 38.2-3304(B)(2) allows the insurer to deny plaintiffs' claim by...

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