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141573P.pdf 10/22/2015 Life Investors Ins. Co. v. Federal City Region
U.S. Court of Appeals Case No: 14-1573
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] Shepherd, Author, with Chief Judge Riley and Loken, Circuit
Judges Civil Case - diversity. On remand following this court?s reversal
of grant of summary judgment to insurance company on breach of contract
claim and the Iowa Supreme Court's answer to a question certified to it by
the district court, the district court's grant of summary judgment is
affirmed. The State Supreme Court answered the ratification issue; the
laches defense failed for lack of unreasonable delay or prejudice; and the
claim of inconsistencies were not material. Corrado's claim that the
settlement agreement violated ERISA is barred as a matter of issue
preclusion. Application of judicial estoppel is not proper in this case.