United States Eighth Circuit

In an action claiming that defendant-insurer used inflated lapse rates to purposefully underprice its LTC insurance products and gain market share, summary judgment for defendant is affirmed where: 1) plaintiffs failed to show that their LTC insurance policies contained a fraudulent representation; 2) plaintiffs' claim for bad faith denial of benefits failed because plaintiffs were not alleging a denial of benefits; and 3) the additional discovery sought by plaintiffs was not relevant to the district court's decision.

Appellate Information

• Decided 09/18/2009
• Published 09/18/2009

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, RILEY, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel