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ESTATE OF DIGGS v. ENTERPRISE LIFE INS. CO.

No. 01-82-0402-CV.

657 S.W.2d 813 (1983)

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

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

Motion for Rehearing Denied February 10, 1983.

ON MOTION FOR REHEARING

WARREN, Justice.

In its motion for rehearing appellant calls our attention to the opinion on rehearing in Lee v. The National Life Assurance Company of Canada, 635 F.2d 516, 517 (5th Cir.) where it withdrew its language used in its original opinion which stated that "intent to deceive or induce issuance of an insurance policy can never be proved as a matter of law to establish the misrepresentation...

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