Legal Opinion

Lebedowicz v. Mony Life Insurance

Court of Appeals for the Ninth Circuit

Decided April 23, 2003No. 02-55653; D.C. No. CV-01-00357-RSWLPublished

1Opinion of the Court

MEMORANDUM**

Linda Lebedowicz, as guardian ad litem for her husband, Paul Lebedowicz, appeals the summary judgment against them and in favor of MONY Life Insurance Co. We affirm.

Paul Lebedowicz initiated, obtained counsel to pursue, discussed, and consummated a settlement of his right to continuing disability payments by obtaining a lump sum payment from MONY. The Lebedowiczes now seek to rescind the agreement on the basis that Paul did not then understand the nature, purpose and effect of what he did. See Cal. Civ.Code § 39; Gosnell v. Lloyd, 215 Cal. 244, 255-57, 10 P.2d 45, 49-50 (1932);…

2Cases cited10 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. George Acri v. Varian Associates, Inc.Court of Appeals for the Ninth Circuit · 1997
  3. In Re Worlds Of Wonder Securities LitigationCourt of Appeals for the Ninth Circuit · 1994
  4. Rebel Oil Company, Inc. v. Atlantic Richfield CompanyCourt of Appeals for the Ninth Circuit · 1995
  5. Roy Bieghler and Joanne Hoff v. Thomas S. Kleppe, Secretary of the Interior, United States of America, and the United States of AmericaCourt of Appeals for the Ninth Circuit · 1980

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