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SMOOT v. PHYSICIANS LIFE INS. CO.

No. 22,708.

87 P.3d 545 (2003)

135 N.M. 265

2004-NMCA-027

Annie SMOOT, for herself and all others similarly situated, Plaintiff-Appellee, v. PHYSICIANS LIFE INSURANCE COMPANY, a Nebraska corporation, Defendant-Appellant.

Court of Appeals of New Mexico.

November 21, 2003.

Attorney(s) appearing for the Case

James O. Browning, Robert E. Hanson, Jane B. Wishner, Peifer, Hanson & Mullins, P.A., Dennis M. McCary, Floyd D. Wilson, McCary, Wilson & Pryor, Alan K. Konrad, David A. Freedman, Freedman, Boyd, Daniels, Hollander, Goldberg & Cline, P.A., John M. Eaves, Paul Bardacke, Kerry Kiernan, Eaves, Bardacke, Baugh, Kierst & Kiernan, P.A., Albuquerque, NM, for Appellee.

Terrence D. O'Hare, J. Scott Paul, McGrath, North, Mullin & Kratz, P.C., Omaha, NE, Douglas G. Schneebeck, Timothy C. Holm, Jennifer A. Noya, Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, for Appellant.

OPINION

CASTILLO, Judge.

{1} This case is one of a number of class actions filed in New Mexico courts frequently referred to as modal premium cases. In these cases, the named plaintiff alleges that one or more life insurance companies failed to disclose the costs of insurance premiums paid more often than annually. In this particular case, Plaintiff Annie Smoot alleges Defendant Physicians Life Insurance Company...

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