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HILFIGER v. TRANSAMERICA OCCIDENTAL LIFE

Record No. 980074.

505 S.E.2d 190 (1998)

James A. HILFIGER v. TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY.

Supreme Court of Virginia.

September 18, 1998.

Attorney(s) appearing for the Case

Conrad M. Shumadine (Robert J. Fedder, Norfolk; John F. Rixey, Virginia Beach; Willcox & Savage, Norfolk on briefs), for appellant.

E. Ford Stephens (Christian & Barton, on brief), Richmond, for appellee.

Present: All the Justices.

LACY, Justice.

Pursuant to our Rule 5:42, the United States Court of Appeals for the Fourth Circuit certified three questions of Virginia law to this Court regarding the enforceability of a life insurance policy. The questions involve the application of Va.Code §§ 38.2-302 and -319. We accepted the questions by order entered February 13, 1998.

The facts, as presented in the certification order, are as follows.* On January...

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