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YATES v. BANKERS LIFE & CAS. INS. CO.

Civil Action No. 3:09-CV-300-H.

720 F.Supp.2d 809 (2010)

Diana J. YATES, et al., Plaintiffs v. BANKERS LIFE & CASUALTY INSURANCE CO., Defendant.

United States District Court, W.D. Kentucky, at Louisville.

June 14, 2010.

Attorney(s) appearing for the Case

Chris J. Gohman, Chris J. Gohman PLLC, Radcliff, KY, for Plaintiffs.

Ann T. Taylor, Gary L. Howard, Bradley Arant Boult Cummings LLP, Birmingham, AL, for Defendant.

MEMORANDUM OPINION AND ORDER

JOHN G. HEYBURN, II, District Judge.

Plaintiff brings this action seeking recovery for life insurance benefits under a policy for which her son, Dennis M. Yates ("Yates"), applied on July 22, 2008. As fate would have it, Yates passed away before the life insurance company, Bankers Life & Casualty Insurance Co. ("Bankers" or "the insurance company"), determined whether it would fully accept the application and insure Yates...

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