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RAPAK v. COMPANION LIFE INS. CO.

23724

309 S.C. 428 (1992)

424 S.E.2d 486

Richard J. RAPAK, Appellee v. COMPANION LIFE INSURANCE COMPANY, Appellant.

Supreme Court of South Carolina.

Decided November 30, 1992.

Rehearing Denied January 6, 1993.

Attorney(s) appearing for the Case

D. Cravens Ravenel of Baker, Barwick, Ravenel and Bender, Columbia, for appellant.

Robert P. Wood of Sherrill & Rogers, Columbia, for appellee.

Heard Sept. 22, 1992;

Decided Nov. 30, 1992.

Reh. Den. Jan. 6, 1993.

The following question is before us on certification from the United States Court of Appeals for the Fourth Circuit:

Whether an incontestability clause contained in an employer-funded group life insurance policy bars the insurer from defending its decision not to pay death benefits on the ground that an express condition of coverage that the insured be a full-time employee...

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