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BROWN v. NATIONAL OLD LIFE INS. CO.

No. 13242.

345 So.2d 1023 (1977)

Woodrow BROWN, Plaintiff-Appellee, v. NATIONAL OLD LIFE INSURANCE COMPANY, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied May 23, 1977.

Writ Refused June 29, 1977.

Attorney(s) appearing for the Case

Emmons, Henry & Reeves by Joseph A. Reeves, Jr., Jonesboro, for defendant-appellant.

Baker, Culpepper & Brunson by Bobby L. Culpepper, Jonesboro, for plaintiff-appellee.

Before BOLIN, PRICE and MARVIN, JJ.

BOLIN, Judge.

Plaintiff sued to collect benefits under a mortgagor's disability policy issued by defendant to plaintiff on January 23, 1973. Defendant denied the claim on two grounds: (1) the "sickness" or disease which caused plaintiff's disability commenced before the effective date of the policy; and (2) plaintiff made misrepresentations in the application for insurance with the intent to deceive or which materially affected the acceptance of the risk assumed by...

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