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BENEFIT LIFE INS. CO. v. MIZELL

No. 12-97-00447-CV.

2 S.W.3d 423 (1999)

BENEFIT LIFE INSURANCE CO., Appellant, v. Bobby MIZELL, Appellee.

Court of Appeals of Texas, Tyler.

June 30, 1999.

Attorney(s) appearing for the Case

Angela Eads Tekell, Waco, for appellant.

Rex A. Nichols, Longview, for appellee.

Panel consisted of RAMEY, Jr., C.J., HADDEN, J., and WORTHEN, J.

OPINION ON MOTION FOR REHEARING

TOM B. RAMEY, Jr., Chief Justice.

We grant Benefit Life's Motion for Rehearing and substitute the following in place of the original opinion dated March 31, 1999:

This appeal presents the insurance coverage question of whether Bobby Mizell's ("Mizell") illness was manifest more than 30 days after the effective date of the major medical policy issued to him by Benefit Life Insurance Company ("Benefit Life")....

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