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NORTH CAROLINA MUT. LIFE INS. CO. v. HOLLEY

84-1211, 84-1223.

533 So.2d 497 (1987)

NORTH CAROLINA MUTUAL LIFE INSURANCE COMPANY v. Mattie HOLLEY. Sam WATTS v. Mattie HOLLEY.

Supreme Court of Alabama.

Rehearing Denied November 6, 1987.

On Return from Remand September 16, 1988.

Attorney(s) appearing for the Case

Ollie L. Blan, Jr., of Spain, Gillon, Riley, Tate & Etheredge, Birmingham, for appellant North Carolina Mut. Life Ins. Co.

W. Troy Massey, of Massey, Means & Thomas, Montgomery, for appellant Sam Watts.

Ernest C. Hornsby and Steven F. Schmitt, Tallassee, and Billy L. Carter, Montgomery, for appellee.

Rehearing Denied in No. 84-1211 November 6, 1987.

ON APPLICATION FOR REHEARING

PER CURIAM.

The original opinion in this cause is hereby withdrawn and the following opinion is substituted:

This is a fraud case. The issue presented is whether plaintiff, the beneficiary of a life insurance policy issued on the life of her daughter, could recover for an alleged misrepresentation made by the insurance company's agent at the time the application...

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