GLADNEY v. PAUL REVERE LIFE INS. CO.

No. 89-4350 Summary Calendar.

895 F.2d 238 (1990)

Robert GLADNEY, Plaintiff-Appellant, v. PAUL REVERE LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 1, 1990.


Attorney(s) appearing for the Case

Briggs Smith, Smith, Phillips & Mitchell, Batesville, Miss., for plaintiff-appellant.

Clifford K. Bailey, III, Wise, Carter, Child and Caraway, Jackson, Miss., for defendant-appellee.

Before HIGGINBOTHAM, DAVIS, and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

The plaintiff in this case suffered the misfortune of becoming ill at a most inopportune time: during the application process for insurance coverage. Consequently, we are asked to decide whether an interim disability insurance policy was in effect prior to plaintiff's hospitalization for coronary by-pass surgery. Concluding that he failed, principally as a consequence of his own inaction, to satisfy conditions precedent for insurance...

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