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ADAM MIGUEZ FUNERAL HOME, INC. v. FIRST NAT. L. INS. CO.

No. 3046.

234 So.2d 496 (1970)

ADAM MIGUEZ FUNERAL HOME, INC., d/b/a Miguez Funeral Home, Plaintiff and Appellee, v. FIRST NATIONAL LIFE INSURANCE COMPANY, Defendant and Appellant.

Court of Appeal of Louisiana, Third Circuit.

April 23, 1970.

Attorney(s) appearing for the Case

Normann & Normann, by Michael A. Britt, New Orleans, for defendant-appellant.

Grenese R. Jackson, Jennings, for plaintiff-appellee.

Before HOOD, CULPEPPER and MILLER, JJ.

CULPEPPER, Judge.

This is a suit for benefits under a life insurance policy. From an adverse judgment, the defendant insurer appealed.

The substantial issue is whether the requirement of LSA-R.S. 22:616, that the insured in writing apply or consent to the issuance of the policy, is an expression of public policy. If it is, defendant is not estopped to urge noncompliance with this requirement as a defense.

There is little dispute as to the facts. During...

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