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LAMBERT v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 82 CA 0512.

431 So.2d 23 (1983)

Paul A. LAMBERT and Joyce R. Lambert v. The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 20, 1983.

Attorney(s) appearing for the Case

Robert E. Kleinpeter, Baton Rouge, for plaintiffs-appellees, Paul A. Lambert and Joyce R. Lambert.

Herschel C. Adcock, Jr., Baton Rouge, for defendant-appellant, The Mutual Life Ins. Co. of New York.

Before PONDER, SAVOIE and CRAIN, JJ.

SAVOIE, Judge.

Defendant, The Mutual Life Insurance Company of New York (MONY), appeals the trial court's judgment that it must return plaintiffs', Paul A. and Joyce R. Lambert's, initial insurance premium of $11,358.65.

On October 16, 1980, at approximately 5:00 P.M., Paul A. and Joyce R. Lambert received their respective insurance policies from Joseph Scott Jackson, agent for MONY. Each policy's cover sheet contained...

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