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PHILADELPHIA AMERICAN LIFE INS. CO. v. BENDER

1022141 and 1030029.

893 So.2d 1104 (2004)

PHILADELPHIA AMERICAN LIFE INSURANCE COMPANY v. DeJurnitte BENDER. American Health Underwriters, Inc. v. DeJurnitte Bender.

Supreme Court of Alabama.

June 4, 2004.

Attorney(s) appearing for the Case

Robert H. Adams and Donald D. Knowlton of Najjar Denaburg, P.C., Birmingham; and Robert L. Harris, Birmingham, for appellant Philadelphia American Life Insurance Company.

Emily Sides Bonds of Walston, Wells, Anderson & Bains, LLP, Birmingham; and Richard S. Manley of Manley, Traeger, Perry & Stapp, Demopolis, for appellant American Health Underwriters, Inc.

Silas G. Cross, Jr., and Justin L. Smith of Cross, Poole, Goldasich & Fischer, L.L.C., Tuscaloosa, for appellee.

BROWN, Justice.

American Health Underwriters, Inc. ("AHU"), and Philadelphia American Life Insurance Company ("Philadelphia American"), defendants in a proceeding in the Marengo Circuit Court, appeal from the trial court's denial of their motions to compel arbitration of the claims of the plaintiff below, DeJurnitte1 Bender. We reverse and remand.

On July 22, 1999, DeJurnitte Bender and his wife Peggy Bender completed an application...

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