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LINCOLN NAT. LIFE INS. CO. v. McCOLLOUGH

No. 92-1284.

621 So.2d 204 (1993)

LINCOLN NATIONAL LIFE INSURANCE CO., Plaintiff-Appellant, v. J. Eugene McCOLLOUGH, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

July 7, 1993.

Attorney(s) appearing for the Case

David Payne Spence, Alexandria, for Lincoln Nat. Life Ins. Co.

Foster Clay Tillman Jr., Leesville, for J. Eugene McCollough.

Before DOUCET, YELVERTON and WOODARD, JJ.

WOODARD, Judge.

This appeal arises out of a suit to rescind a disability income insurance policy. The issue on appeal is whether defendant, J. Eugene McCollough, made a false representation on his application for insurance with the intent to deceive plaintiff, Lincoln National Life Insurance Company.

FACTS

On November 10, 1988, Mr. McCollough signed an application for disability income insurance at...

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