Coddington v. Wabash Life Ins. Co.

15 F.3d 1083 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Margaret CODDINGTON, Personally and as Personal Representative of the Estate of C. Dean Coddington, Deceased, Plaintiff-Appellee, v. WABASH LIFE INSURANCE COMPANY and Great Commonwealth Life Insurance Co., Defendants-Appellants. No. 92-35397. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1993. Decided Jan. 26, 1994. 1 Before: GOODWIN and HUG, Circuit Judges, and MCKIBBEN, * District Judge. 2 MEMORANDUM ** 3 In January of 1989, Dean Coddington was diagnosed as having lung cancer. From February of that year until his death on July 6, 1989, Dean Coddington was hospitalized on several occasions. During all relevant times of his diagnosis and hospitalization, Dean Coddington held a cancer insurance policy issued by Wabash Life Insurance Co. ("Wabash"). This was a "benefits schedule" insurance policy which provided cash payments to Dean Coddington as a supplement to benefits paid to him…