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Submitted: September 24, 2009

Before BYE, ARNOLD, and SMITH, Circuit Judges.

This is a dispute over the death benefits on an insurance policy issued by Country Life Insurance Company (Country Life) to Johno and Debbie Marks insuring the life of Connie B. Romig. Country Life filed this declaratory judgment action seeking, in part, a determination the policy was void on the grounds the Markses had no insurable interest in Romig’s life. The district court granted Country Life’s motion for summary judgment concluding the Markses did not have an insurable interest as a matter of law. We reverse and remand for further proceedings.

 
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