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

No. 89-2560.

894 F.2d 140 (1990)

Ray WISE, Plaintiff-Appellee, v. The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 9, 1990.

Attorney(s) appearing for the Case

Eileen F. O'Neill, Judson R. Wood, Sherie Marie Potts, Vinson & Elkins, Houston, Tex., for defendant-appellant.

John G. Tucker, Orgain, Bell & Tucker, Beaumont, Tex., for plaintiff-appellee.

Before GEE, REAVLEY and GARWOOD, Circuit Judges.

REAVLEY, Circuit Judge:

Ray Wise is the beneficiary of a policy issued by The Mutual Life Insurance Company of New York [Mutual] on the life of his son. Misrepresentations by the deceased appear on the application for the policy, but Mutual did not deliver a copy of the application to the policyholder prior to his death. The parties agree that if Mutual is entitled to assert the misrepresentations in the undelivered application, it may rescind the policy. The district...

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