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YOSCO v. AVIVA LIFE AND ANNUITY CO.

No. 1:10cv564 (JCC).

753 F.Supp.2d 607 (2010)

YOSCO, et al., Plaintiffs, v. AVIVA LIFE AND ANNUITY CO., Defendant.

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

November 23, 2010.

Attorney(s) appearing for the Case

Bernard Edwin Goodman, George Andrew Hawkins, Peterson Noll & Goodman PLC, Vienna, VA, for Plaintiffs.

Robert Barnes Delano, Jr., Sands Anderson PC, Richmond, VA, for Defendant.

MEMORANDUM OPINION

JAMES C. CACHERIS, District Judge.

This case illustrates the importance of precision in setting a cancellation date for a life insurance policy. Before the Court are the parties' Cross Motions for Summary Judgment. For the following reasons, the Court will grant summary judgment in favor of Plaintiffs.

I. Background

The following facts are undisputed. On June 1, 2004, Aviva Life and Annuity Company ("Aviva" or...

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