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ORTIZ v. POWER

No. 96-CA-800.

688 So.2d 132 (1997)

Julio C. ORTIZ, v. Gerald POWER, individually and in his capacity as agent for, and Provident Life and Accident Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

January 28, 1997.

Attorney(s) appearing for the Case

Brenda W. Waltzer, Metairie, for Plaintiff/Appellant Julio C. Ortiz.

Alan D. Ezkovich, New Orleans, for Defendant/Appellee Gerald Power.

John J. Hainkel, Jr., Nancy Cromartie, New Orleans, for Defendant/Appellee Provident Life & Accident Insurance.

Before BOWES, DUFRESNE and GOTHARD, JJ.

GOTHARD, Judge.

On September 26, 1988, Julio Ortiz and his wife Eloisa Guichard Ortiz consulted with insurance agent Gerald Power of the independent insurance agency, J. Power & Associates. The Ortizs, through Mr. Power, purchased disability insurance policy number 6-295-876464 from Provident Life and Accident Insurance Company of Chattanooga, Tennessee, (hereinafter "Provident").

In 1989, Mr. Ortiz made a claim against the policy alleging that he had...

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