PENDARVIS v. CONTINENTAL SERV. LIFE & HEALTH INS. CO.

No. 10867.

339 So.2d 367 (1976)

Barronece PENDARVIS et al. v. CONTINENTAL SERVICE LIFE AND HEALTH INSURANCE COMPANY.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied November 15, 1976.


Attorney(s) appearing for the Case

William F. Kline, Jr., Clinton, Edward C. Seghers, Seale, Smith & Phelps, Jimmie R. Major, Clifton O. Bincham, Baton Rouge, for plaintiffs-appellants.

Richard B. Crowell, William B. Owens, Crowell, Owens & Tudor, Alexandria, for defendant-appellee.

Before SARTAIN, CHIASSON and EDWARDS, JJ.


EDWARDS, Judge.

This is an action on a life insurance policy issued in connection with a loan made by Eddie R. Pendarvis with Guaranty Bank and Trust Company of Zachary. The policy was issued in March, 1973, and Pendarvis died of acute myocardial infarction in June, 1973. Defendant-insurer refused payment of the proceeds and returned the premium, claiming that Pendarvis knowingly made false and material misrepresentations...

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