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SALKIN v. UNITED SERVICES AUTO. ASS'N

Case No. EDCV 10-01322 VAP (OPx).

835 F.Supp.2d 825 (2011)

Marshall SALKIN and Ellen Salkin, Plaintiffs, v. UNITED SERVICES AUTOMOBILE ASSOCIATION; USAA Life Insurance Company; and Does 1 through 50, Inclusive, Defendants.

United States District Court, C.D. California.

December 19, 2011.

Attorney(s) appearing for the Case

Evangeline F. Grossman, Joel A. Cohen, Travis Murray Corby, William M. Shernoff, Shernoff Bidart Darras Echeverria LLP, Claremont, CA, for Plaintiffs.

Becky J. Belke, Margaret Levy, Manatt Phelps & Phillips LLP, Los Angeles, CA, for Defendants.

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

[Motion filed on November 7, 2011]

VIRGINIA A. PHILLIPS, District Judge.

Plaintiff Dr. Marshall Salkin, when he learned of his terminal prostate cancer, sought an accelerated death benefit under a life insurance policy he bought from Defendant USAA Life Insurance Company ("USAA"). USAA did not pay the benefit; instead, it rescinded Dr. Salkin's policy on the basis that Dr. Salkin made misrepresentations...

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