Claire Kay v. United of Omaha Life Ins. Co.

HELENE N. WHITE, Circuit Judge.

Claire Kay (“Mrs. Kay”) and Claymore Construction Company (Claymore, collectively, Plaintiffs) were the beneficiaries of a $2 million life-insurance policy that Claire’s husband Dr. Sherman Kay purchased from United of Omaha Life Insurance Company (United) in 2001. After Dr. Kay died in January 2009, United denied coverage, asserting ’ that the policy had lapsed because the December 2008 and January 2009 premiums had not been paid before Dr. Kay’s death. Plaintiffs sued, alleging breach of contract. A jury found in Plaintiffs’ favor, but this court reversed due…