Amerus Life Ins. Co. v. Bank of America, N.A.

Full title: AMERUS LIFE INSURANCE COMPANY, Cross-Complainant and Appellant, v. BANK OF…

Court: California Court of Appeals, Second District, Fifth Division

Date published: Oct 30, 2006

No. B184145 (Cal. Ct. App. Oct. 30, 2006)

Opinion

Page 1557k

143 Cal.App.4th 1557k __ Cal.Rptr.3d __ AMERUS LIFE INSURANCE COMPANY, Cross-Complainant and Appellant, v. BANK OF AMERICA, N.A., Cross-Defendant and Respondent. B184145 California Court of Appeal, Second District, Fifth Division October 30, 2006

Los Angeles County Super. Ct. No. BC278601

THE COURT.

It is ordered that the opinion filed herein on September 28, 2006 (143 Cal.App.4th 631; __ Cal.Rptr.3d __), be modified in the following particulars:

On page 6 [143 Cal.App.4th 637, advance report, 2d full par. last two sentences], the last two sentences of the second full paragraph are deleted and replaced with the following:

Sometime after the summary judgment ruling, AmerUS and plaintiff settled their claims against each other. Plaintiff’s request for dismissal with prejudice as to AmerUS was filed on August 30, 2005, about one month after AmerUS filed its notice of appeal.

On page 6 [143 Cal.App.4th 637, advance report, fn. 3], footnote 3 is deleted which will require renumbering of all subsequent footnotes.

There is no change in judgment.