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GOOCH v. LIFE INVESTORS INS. CO. OF AMERICA

Nos. 10-5003, 10-5723.

672 F.3d 402 (2012)

Anthony GOOCH, Plaintiff-Appellee, v. LIFE INVESTORS INSURANCE COMPANY OF AMERICA and Aegon USA, Inc., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 10, 2012.

Rehearing and Rehearing En Banc Denied March 16, 2012.

Attorney(s) appearing for the Case

ARGUED: Markham R. Leventhal, Jorden Burt LLP, Miami, Florida, for Appellants. Thomas O. Sinclair, SinclairWilliams, LLC, Birmingham, Alabama, for Appellee. ON BRIEF: Markham R. Leventhal, Richard J. Ovelmen, Julianna Thomas McCabe, Jorden Burt LLP, Miami, Florida, for Appellants. Thomas O. Sinclair, M. Clayborn Williams, Sinclair-Williams, LLC, Birmingham, Alabama, Eric L. Buchanan, Eric Buchanan & Associates, Chattanooga, Tennessee, for Appellee.

MOORE, J., delivered the opinion of the court, in which MARBLEY, D.J., joined. KETHLEDGE, J. (p. ___), delivered a separate writing concurring in part and concurring in the judgment.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Anthony Gooch ("Gooch") filed a class-action lawsuit against Life Investors Insurance Company and its parent company, Aegon (collectively referred to as "Life Investors"). Gooch alleges breach of contract because Life Investors has begun interpreting the "actual charges" provision of his cancer-insurance policy to mean the charges that the medical provider accepts as full payment from the primary insurer and the...

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