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SOUTHERN LIFE & HEALTH INS. CO. v. WHITMAN

77-61, 77-62.

358 So.2d 1025 (1978)

SOUTHERN LIFE AND HEALTH INS. CO., a corp. v. Rebecca WHITMAN. SOUTHERN LIFE AND HEALTH INS. CO., a corp. v. Samuel J. WHITMAN et al.

Supreme Court of Alabama.

May 19, 1978.

Attorney(s) appearing for the Case

Ollie L. Blan, Jr., Birmingham, John F. Dillon, IV, Alexander City, Kenneth E. Little, Birmingham, for appellant.

Ernest C. Hornsby and Steven F. Schmitt, Tallassee, for appellees.

Ira L. Burleson and Robert H. Neill, Birmingham, for Ass'n of Alabama Life Ins. Companies, amicus curiae.

FAULKNER, Justice.

Plaintiffs brought actions on the insurance contract and for fraud against Southern Life and Health Insurance Company on each of two $1,000 industrial life insurance policies. Southern Life appeals from the jury award of two $1,000,000 judgments. We reverse and remand.

Mr. Whitman, a 63 year old man with numerous health problems, received two unsolicited $1,000 "instant issue" policies from the defendant, through its soliciting agent, Redding...

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