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PUGH v. SOUTHERN LIFE AND HEALTH INS. CO.

87-130.

544 So.2d 143 (1988)

Martha A. PUGH and Clemmie Lee Pugh v. SOUTHERN LIFE AND HEALTH INSURANCE COMPANY and Donnie L. Berry.

Supreme Court of Alabama.

Rehearing Granted May 19, 1989.

Attorney(s) appearing for the Case

John B. Crawley of Crawley & Jarrell, and Thad Yancey, Jr., Troy, for appellants.

John B. Givhan of Albrittons, Givhan & Clifton, Andalusia, for appellees.

Kenneth E. Little, Senior Vice President & Gen. Counsel, Birmingham, for Southern Life and Health Ins. Co. (on rehearing).

Ollie L. Blan, Jr. of Spain, Gillon, Tate, Grooms & Blan, Birmingham, for amicus curiae Ass'n of Alabama Life Insurance Companies (on rehearing).

ADAMS, Justice.

The plaintiffs, Martha A. Pugh and Clemmie Lee Pugh,1 sued Southern Life and Health Insurance Company ("Southern") and its agent Donnie Berry, alleging fraud after Southern refused to pay their insurance claim. Plaintiffs appeal from a summary judgment for the defendants. We reverse and remand.

On June 6, 1983, Southern sold a life insurance policy to Mrs. Pugh through its agent, Donnie Berry. Mrs. Pugh was the...

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