Christine Rodkey v. Capitol American Life Insurance Co.

42 F.3d 1401 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Christine RODKEY, Plaintiff-Appellant, v. CAPITOL AMERICAN LIFE INSURANCE CO., Defendant-Appellee. No. 93-35830. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1994. Decided Dec. 7, 1994. Before: WOOD, Jr., * HUG, and TANG, Circuit Judges. 1 MEMORANDUM ** 2 On September 13, 1991, Capitol American Life Insurance Company ("Capitol") refused to pay certain claims submitted to it by Christine Rodkey, whose husband, Bob Rodkey, had just died of cancer. These particular claims arose when Bob Rodkey was hospitalized on three occasions for complications resulting from chemotherapy treatments. Capitol denied benefits due to a clause in the Rodkeys' policy which specifically excludes coverage for losses resulting from illnesses caused by cancer treatment. As a result of this denial, Christine Rodkey filed suit against Capitol, alleging that it had negligently and fraudulently misrepresented the…