United States First Circuit
WOLINETZ v. BERKSHIRE LIFE INS. CO., 01-1217
The date on which plaintiff's claims accrued presents a jury question. The information he received showing that his vanishing premium life insurance policy was underperforming was not sufficiently suggestive of fraud to determine the date on which his claims accrued.
Appellate Information
- Decided 03/18/2004
- Published 03/18/2004
Judges
- HOWARD, Circuit Judge., Before BOUDIN, Chief Judge, BALDOCK, Senior Circuit Judge, and HOWARD, Circuit Judge.
Court
- United States First Circuit
Counsel
- For Appellant:
- Douglas M. Brooks with whom Gilman and Pastor, LLP, Patrick F. Morris, Morris and Morris, LLC, Michael B. Hyman, William H. London and Much Shelist Freed Denenberg Ament & Rubenstein, P.C. were on brief, for appellant.
- For Appellees:
- John A. Shope with whom Michael B. Keating, Kirk G. Hanson and Foley Hoag LLP were on brief, for appellee.