JOHNSON v. OCCIDENTAL LIFE INS. CO. OF CAL.

No. 63129.

368 So.2d 1032 (1979)

Lunder S. JOHNSON, Administrator of Succession of Claray Smith v. OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA.

Supreme Court of Louisiana.

Rehearing Denied April 9, 1979.


Attorney(s) appearing for the Case

Wood Brown, III, Montgomery, Barnett, Brown & Read, New Orleans, for defendant-applicant.

Edward A. Griffis, E. B. Dittmer, II of Talley, Anthony, Hughes & Knight, Bogalusa, for plaintiff-respondent.


PIKE HALL, Jr.,* Justice Ad Hoc.

The Administrator of the Succession of Claray Smith brought suit against the defendant insurer seeking to recover $17,583.74 under a mortgage cancellation life insurance policy issued to the decedent. Defendant resisted payment on the ground that the application for insurance contained material misrepresentations made by decedent with the intent to deceive the insurer. The trial court found the application...

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