No. 82-2207.

709 F.2d 378 (1983)

Evis MARCOTTE, Plaintiff-Appellee, v. AMERICAN MOTORISTS INSURANCE CO., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 12, 1983.

Attorney(s) appearing for the Case

William W. Vernon, Daniel M. McClure, Fulbright & Jaworski, Houston, Tex., for defendant-appellant.

R. Leon Pettis, Michael L. Baker, John G. Bissell, Beaumont, Tex., for plaintiff-appellee.

Before REAVLEY and JOHNSON, Circuit Judges, and WYZANSKI, District Judge.

REAVLEY, Circuit Judge:

In this diversity case a jury returned a verdict for plaintiff Evis Marcotte, finding that he was totally and permanently disabled under the terms of a disability insurance policy with his former employer, Velsicol Chemical Corporation. The jury also found that Velsicol's insurer, American Motorists Insurance Company ("AMIC"), a member of the Kemper Group of insurance companies ("Kemper"), made certain misrepresentations to Marcotte when he...

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