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United States First Circuit


Pruco Life Insurance Company v. Wilmington Trust Company, 12-2227

Summary judgment for plaintiff-insurance company on its claim for a judgment of mutual rescission of a life insurance policy, owned by defendant-trust, on the life of defendant-trustee, is affirmed, where: 1) the district court correctly applied Rhode Island rescission law; and 2) once defendants took the steps to effect a mutual rescission, plaintiff's independent right to rescind ceased to be legally relevant; and 3) the district court did not err in finding defendant's bad faith arguments irrelevant to the rescission analysis.

Appellate Information

  • Decided 06/28/2013
  • Published 06/28/2013

Judges

  • LYNCH

Court

  • United States First Circuit

Counsel

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