Zaki v. Mutual of NY ( 1997 )

USCA1 Opinion

      [NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]

                 United States Court of Appeals

                     For the First Circuit





No. 97-2053



              THE GREAT WEST-LIFE ASSURANCE, ET AL.,

                      Plaintiffs, Appellees,



                                v.



                          OMAR S. ZAKI,

                      Defendant, Appellant.







No. 97-2054



                          OMAR S. ZAKI,

                      Plaintiff, Appellant,



                                v.



                       MUTUAL OF NEW YORK,

                       Defendant, Appellee.







No. 97-2057



                UNION CENTRAL LIFE INSURANCE CO.,

                       Plaintiff, Appellee,



                                v.



                    OMAR S. ZAKI, M.D., P.C.,

                      Defendant, Appellant.







No. 97-2058



                 CROWN LIFE INSURANCE, ET AL.,

                      Plaintiff, Appellee,



                               v.



                      OMAR S. ZAKI, M.D.,

                     Defendant, Appellant.







No. 97-2059



             CONNECTICUT GENERAL LIFE INSURANCE CO.,

                       Plaintiff, Appellee,



                                v.



                          OMAR S. ZAKI,

                      Defendant, Appellant.







No. 97-2060



               LINCOLN NATIONAL LIFE INSURANCE CO.,

                       Plaintiff, Appellee,



                                v.



                          OMAR S. ZAKI,

                      Defendant, Appellant.







          APPEALS FROM THE UNITED STATES DISTRICT COURT

                FOR THE DISTRICT OF MASSACHUSETTS



            [Hon. Nancy Gertner, U.S. District Judge]







                              Before



                      Boudin, Circuit Judge,

                 Coffin, Senior Circuit Judge,

                   and Lynch, Circuit Judge.







     Omar S. Zaki on brief pro se.

     Charles B. Straus, III, BBO, Joseph M. Hamilton, BBO and

Mirick, O'Connell, DeMallie & Lougee, on brief for appellee The

Greeat-West Life Assurance Company.

     Joseph F. Ryan, BBO and Lyne, Woodworth & Evarts LLP, on brief

for appellee Mutual Life Insurance Company of New York.

     Philip M. Howe, BBO and Lecomte, Emanuelson, Montejunas &

Doyle on brief for appellees The Lincoln National Life Insurance

Company, Union Central Life Insurance Company and Crown Life

Insurance Company, by its Administrator Lone Star Life Insurance

Company.









     Mark C. Rosenthal, BBO and Day, Berry and Howard on brief for

appellee Connecticut General Life Insurance Company.











July 21, 1998



























































































                                               Per Curiam.  Omar S. Zaki appeals from summary

    judgments entered in favor of six insurance companies and

    dismissing Zaki's counterclaims.  Each insurer was granted

    rescission of one or more disability insurance policies issued

    to Zaki and, as applicable, Zaki was ordered to repay the

    benefits which he received (less premiums paid) under the

    policies.   Having carefully reviewed the judgments in light of

    the extensive briefs and the record, we share the district

    court's well-reasoned view that there was no genuine issue of

    material fact and that each insurer was entitled to judgment as

    a matter of law.  The court did not misapply state law, nor did

    it misinterpret Zaki's waiver of the policies' incontestability

    clauses.  There was no relevant factual dispute as to Zaki's

    intent.

              Affirmed.  See Loc. R. 27.1.