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PROVIDENT LIFE AND ACC. INS. CO. v. GOEL

No. 99-60443.

274 F.3d 984 (2001)

PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Plaintiff-Counter Defendant-Appellee, v. Dinesh K. GOEL, Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 4, 2001.

Attorney(s) appearing for the Case

John G. Corlew, Leah Draayer McDowell (argued), Watkins & Eager, Jackson, MS, William L. Denton, Law Offices of William L. Denton, Biloxi, MS, for Goel.

Clifford K. Bailey, III (argued), Wise, Carter, Child & Caraway, Jackson, MS, for Provident Life & Acc. Ins. Co.

Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

After suffering an injury to his hand that prevented him from performing surgery, Dr. Dinesh K. Goel sought disability benefits under a policy issued by Provident Life and Accident Insurance Company ("Provident"). Although it paid on the claim, Provident reserved its rights and ultimately brought this declaratory judgment action to rescind the policy, contending that Dr. Goel did not satisfy a condition precedent to coverage by failing to cancel...

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