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MANUEL v. NEW YORK LIFE INS. AND ANNUITY

No. 01-CA-735.

803 So.2d 210 (2001)

L.V. MANUEL, as Provisional Tutor of the Minors Jessica Marie Laborde and Christopher Jacob Laborde v. NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION.

Court of Appeal of Louisiana, Fifth Circuit.

November 27, 2001.

Attorney(s) appearing for the Case

Charles M. Lanier, Jr., John K. Nieset, Christovich & Kearney, New Orleans, LA, Counsel for L.V. Manuel, Plaintiff-Appellant.

Maura Z. Pelleteri Krystil B. Cook Krebs, Farley & Pelleteri, L.L.C., New Orleans, LA, Counsel for New York Life Insurance and Annuity Corporation, Defendant-Appellee.

SUSAN M. CHEHARDY, Judge.

This is an appeal from a summary judgment dismissing this action for benefits under a life insurance policy, on the ground that the insured had surrendered the policy before his death. On reviewing the matter prior to ruling on its merits, we discovered facts from another case pending before this Court that indicated the judgment in this matter is null. Specifically, we learned that the plaintiff herein, L.V. Manuel, provisional tutor of...

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