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FIRST NAT. LIFE INS. v. SUNSHINE-JR. FOOD STORES

Nos. 90-7535, 90-7668.

960 F.2d 1546 (1992)

FIRST NATIONAL LIFE INSURANCE COMPANY, an Alabama Corporation, Plaintiff-Appellant, v. SUNSHINE-JR. FOOD STORES, INC., a Florida Corporation, Defendant-Appellee, FIRST NATIONAL LIFE INSURANCE COMPANY, an Alabama Corporation, Plaintiff-Appellee, v. SUNSHINE-JR. FOOD STORES, INC., a Florida Corporation, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 13, 1992.

Attorney(s) appearing for the Case

Alvin T. Prestwood, Capouano, Wampold, Prestwood & Sansone, P.A., Montgomery, Ala., for First Nat. Life Ins. Co.

Charles A. Stewart, III, Robert W. Bradford, Jr., Hill, Hill, Carter, Cole & Black, P.C., Montgomery, Ala., for Sunshine-Jr. Stores, Inc.

Before ANDERSON, Circuit Judge, CLARK, Senior Circuit Judge, and BROWN, Senior District Judge.

WESLEY E. BROWN, Senior District Judge:

This suit concerns a group life and health insurance policy issued by First National Life Insurance Company ("FNL"). The policy was used to fund an employee welfare benefit plan established by Sunshine-Jr. Food Stores, Inc. ("Sunshine") to provide health benefits to its employees. The policy was in effect from August 1, 1983, until August 1, 1986. On this latter date, Sunshine terminated its policy with FNL and obtained coverage...

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