ALLEN v. GULF LIFE INS. CO.

1912007.

617 So.2d 664 (1993)

Lillie ALLEN v. GULF LIFE INSURANCE COMPANY, et al.

Supreme Court of Alabama.

April 2, 1993.


Attorney(s) appearing for the Case

Ronald O. Gaiser, Jr. and James P. O'Neal of Gaiser and O'Neal, Birmingham, and J.L. Chestnut, Jr. of Chestnut, Sanders, Sanders, Williams & Pettway, P.C., Selma, for appellant.

Charles D. Stewart, Betsy P. Collins and Edward M. Weed of Spain, Gillon, Grooms, Blan & Nettles, Birmingham, for Gulf Life Ins. Co. and American Gen. Corp.

Frank C. Wilson III of Gamble, Gamble, Calame & Wilson, Selma, for Frances Williamson.


MADDOX, Justice.

The issue presented by this appeal is whether an insured can have a cause of action against her insurer and its agent for fraud based on misstatements in the insurance application, even though the insurer never denied a claim under the policy and never sought to void the policy and the policy was incontestable at the time suit was filed. The trial court entered summary judgments in favor of the insurer and its agent on the insured's fraud claim, on...

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