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LEMOINE v. SECURITY INDUS. INS. CO.

No. 89-482.

569 So.2d 1092 (1990)

Margaret B. LEMOINE, as Tutrix for Tamara Ann Moreau, Plaintiff-Appellee, v. SECURITY INDUSTRIAL INSURANCE COMPANY, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied January 18, 1991.

Attorney(s) appearing for the Case

Peter J. Lemoine, Shreveport and Michael F. Kelly, Marksville, for plaintiff-appellee.

O'Neill J. Parenton, Jr., Donaldsonville, for defendant-appellant.

Before DOMENGEAUX, C.J., and STOKER and YELVERTON, JJ.

STOKER, Judge.

This appeal presents two issues for our review: (1) Whether the prescriptive section of LSA-R.S. 22:177 is applicable to a suit to recover the face amount of a life insurance policy upon the death of the insured and (2) whether the defendant-insurer is precluded from urging that a life insurance policy lapsed after it failed to send timely written notice to the insured in accordance with the provisions of LSA-R.S. 22:177. The trial court gave judgment...

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