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CELTIC LIFE INS. CO. v. McLENDON

1992060 and 1992061.

814 So.2d 222 (2001)

CELTIC LIFE INSURANCE COMPANY v. Diane McLENDON. Jeffrey Fredrickson v. Diane McLendon.

Supreme Court of Alabama.

Rehearing Denied September 7, 2001.

Attorney(s) appearing for the Case

Robert S.W. Given, F.A. Flowers III, Harlan F. Winn III, and Rebecca W. Block of Burr & Forman, L.L.P., Birmingham, for Celtic Life Ins. Co.

Jerry Dean Hillman, Barry A. Brock, and J. David Moore of Walston, Wells, Anderson & Bains, L.L.P., Birmingham, for Jeffrey Fredrickson.

Ted L. Mann and Robert Potter of Mann & Cowan, P.C., Birmingham; and Jim S. Calton, Jr., of Calton & Calton, Eufaula, for appellee.

WOODALL, Justice.

Celtic Life Insurance Company ("Celtic") and its "soliciting agent" Jeffrey Fredrickson appeal from an order denying their motions to compel arbitration of an action commenced by Diane McLendon. We reverse and remand.

On January 13, 1999, McLendon completed and signed an application seeking health insurance. Fredrickson submitted the application to Celtic, which approved it and issued McLendon a major-medical policy, effective March 1, 1999...

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