PONGETTI v. FIRST CONTINENTAL LIFE AND ACC. CO.

No. EC87-188-S-D.

688 F.Supp. 245 (1988)

Jacob PONGETTI, Bankruptcy Trustee, Plaintiff, v. FIRST CONTINENTAL LIFE AND ACCIDENT COMPANY, Defendant.

United States District Court, N.D. Mississippi, E.D.

June 30, 1988.


Attorney(s) appearing for the Case

Jacob Pongetti, Bankruptcy Trustee, Columbus, Miss., W. Howard Gunn, Aberdeen, Miss., for plaintiff.

John L. Low, IV, Watkins & Eager, Jackson, Miss., for defendant.


OPINION

SENTER, Chief Judge.

This is another in the seemingly unending line of suits before this court against insurance companies for bad faith refusal to pay a claim which involves the dual defenses of material misrepresentation on the application and preexisting condition.

Having duly considered the evidence presented by the parties during a bench trial together with argument of counsel, the court makes its findings of fact and conclusions of...

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