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NICHOLS v. SHELTER LIFE INS. CO.

No. 90-1119.

923 F.2d 1158 (1991)

Louis Harold NICHOLS, Individually and as Executor of the Estate of Doris Maxine Nichols, Deceased, Plaintiff-Appellee, v. SHELTER LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 21, 1991.

Attorney(s) appearing for the Case

Robert L. Moore, Thomason, Hendrix, Harvey, Johnson, Mitchell, Blanchard & Adams, Memphis, Tenn., for defendant-appellant.

Gary P. Snyder, Bridgforth, Woods & Snyder, Hugh H. Armistead, Olive Branch, Miss., for plaintiff-appellee.

Before WISDOM and HIGGINBOTHAM, Circuit Judges.

WISDOM, Circuit Judge:

Today we decide whether, under Mississippi law, the Shelter Life Insurance Company ("Shelter") may be held liable for the misrepresentations made by its agent to one of its insureds as to whether a particular claim would be covered. We conclude that a Mississippi jury can find Shelter liable. Accordingly, we find that the district court did not err in refusing to grant a directed verdict in favor of Shelter on the grounds that the contract between...

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