ROYAL MACCABEES LIFE INS. CO. v. MONTGOMERY

No. 97 CA 1434.

716 So.2d 921 (1998)

ROYAL MACCABEES LIFE INSURANCE COMPANY v. Jerry D. MONTGOMERY.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied September 22, 1998.


Attorney(s) appearing for the Case

Dennis John Hauge, Prairieville, for Plaintiff/Appellant I Royal Maccabees Life Insurance Company.

Stephen C. Carleton, Baton Rouge, for Defendant/Appellant II Jerry D. Montgomery.

Before FOIL, WHIPPLE and KUHN, JJ.


KUHN, Judge.

I. THE ISSUE

Is an insured entitled to a summary judgment upon establishing that the insurer, who sought to have a disability policy rescinded before the policy became uncontestable alleging the insured materially misrepresented his medical history with the intent to deceive, did not provide a notice of cancellation at least twenty days prior to the date upon which the policy became uncontestable?

II. FACTS AND PROCEDURAL BACKGROUND...

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