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BUNDICK v. NATIONAL LIFE AND ACC. INS. CO.

No. MO-78-CA-44.

509 F.Supp. 584 (1980)

Cynthia Kay BUNDICK v. The NATIONAL LIFE AND ACCIDENT INSURANCE COMPANY.

United States District Court, W. D. Texas, Midland-Odessa Division.

May 12, 1980.

Attorney(s) appearing for the Case

James McDonald, Crane, Tex., Bill Alexander, Odessa, Tex., for plaintiff.

Gloria Svanas, Odessa, Tex., for defendant.

ORDER DENYING DEFENDANT'S MOTION FOR NEW TRIAL

SUTTLE, Senior District Judge.

Pending is the Defendant's motion for a new trial. For the following reasons, the motion will be denied.

In order to prevail on a defense of material misrepresentation, an insurer must establish by a preponderance of the evidence that the false representation was made willfully and with the intent to deceive or defraud the insurer or was made willfully and with the intention...

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