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NORTHWESTERN MUT. LIFE INS. CO. v. BABAYAN

No. 04-3521.

430 F.3d 121 (2005)

THE NORTHWESTERN MUTUAL LIFE INSURANCE CO. v. Kathleen L. BABAYAN Kathleen Babayan v. The Northwestern Mutual Life Insurance Company; Joseph M. Savino, General Agent Northwestern Mutual Financial Network a/k/a and d/b/a the Savino Financial Group; Thomas Gallina Kathleen L. Babayan, Appellant.

United States Court of Appeals, Third Circuit.

Filed November 30, 2005.

Attorney(s) appearing for the Case

David S. Senoff (Argued), Billet & Connor, Philadelphia, PA, for Appellant.

Daniel J. Zucker (Argued), Philadelphia, PA, for Appellee, Northwestern Mutual Life Ins. Co.

Charles W. Craven (Argued), John P. Penders, Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, for Appellee, Thomas Gallina.

Before SLOVITER, FISHER, and GREENBERG, Circuit Judges.

FISHER, Circuit Judge.

For the third time in the past four years, we are asked to determine whether summary judgment was properly granted in favor of an insurer on the basis that an insurance applicant's material omissions on an application constituted bad faith as a matter of law and rendered the policy void ab initio. Compare Justofin v. Metropolitan Life Ins. Co., 372 F.3d 517 ...

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