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LIBERTY NAT. LIFE INS. CO. v. ALLEN

1950679.

699 So.2d 138 (1997)

LIBERTY NATIONAL LIFE INSURANCE COMPANY v. Talmadge ALLEN.

Supreme Court of Alabama.

Rehearing Denied July 11, 1997.

Attorney(s) appearing for the Case

Edgar M. Elliott III, general counsel— litigation, Liberty National Life Insurance Company, Birmingham; and Deborah Alley Smith, Rhonda Pitts Chambers, and Sharon Donaldson Stuart of Rives & Peterson, Birmingham, for appellant.

Jonathan H. Waller of Campbell & Waller, L.L.C., Birmingham; and C. Crawford Williams, Jr., of Williams & Ledbetter, Birmingham, for appellee.

MADDOX, Justice.

Talmadge Allen, although he was receiving the benefits payable under a cancer policy issued by Liberty National Life Insurance Company, sued Liberty National, alleging fraud, fraudulent suppression, and bad faith failure to pay an insurance claim. His claims were based on an alleged misrepresentation made by an agent of the insurer that Medicare laws limited the amount of benefits he could receive. At trial, Allen dismissed the fraudulent suppression...

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