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ESTATE OF DIGGS v. ENTERPRISE LIFE INS. CO.

No. 01-82-0402-CV.

646 S.W.2d 573 (1982)

ESTATE OF Harvey DIGGS, Appellant, v. ENTERPRISE LIFE INSURANCE CO., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied February 10, 1983.

Attorney(s) appearing for the Case

Victor Branch, Houston, for appellant.

Jeffrey McClure, Houston, for appellee.

Before WARREN, JACK SMITH and BULLOCK, JJ.

OPINION

WARREN, Justice.

This is an appeal from a summary judgment decreeing that appellant take nothing on her suit for recovery of the proceeds of a life insurance policy.

On March 12, 1980, Harvey Diggs bought a credit life insurance policy simultaneous to his purchase of a new car. The application for insurance signed by Diggs contained the following paragraph:

I hereby certify that I am in good health as of the effective date above...

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