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POUNCEY v. NEW YORK LIFE INS. CO.

89-1690-CER.

577 So.2d 433 (1991)

Douglas POUNCEY, as administrator of the Estate of Dana Louise Hart, deceased v. NEW YORK LIFE INSURANCE COMPANY.

Supreme Court of Alabama.

Rehearing Denied March 8, 1991.

Attorney(s) appearing for the Case

Randy Myers and Richard Jordan, Montgomery, for appellant.

H.C. Ireland III and Susan A. Smith of Porterfield, Harper & Mills, Birmingham, for appellee.

PER CURIAM.

The United States Court of Appeals, Eleventh Circuit, has certified to us this question of law: "Whether a settlement agreement between an insurer and a beneficiary for an amount less than that due under the policy constitutes payment `in accordance with the terms of the policy' under Ala.Code § 27-14-24 (1975) and/or `payment according to the terms of its [the insurer's] policy' under Ala.Code § 43-8-253(f) (1975)?" We answer the question "no...

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