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ALFA LIFE INS. CORP. v. JACKSON

1001854 and 1002002.

906 So.2d 143 (2005)

ALFA LIFE INSURANCE CORPORATION v. Magnolia JACKSON and Henry Jackson. Magnolia Jackson and Henry Jackson v. Alfa Life Insurance Corporation.

Supreme Court of Alabama.

January 7, 2005.

Attorney(s) appearing for the Case

Samuel H. Franklin and M. Christian King of Lightfoot, Franklin & White, L.L.C., Birmingham; and Courtney R. Potthoff of Williams, Potthoff, Williams & Smith, L.L.C., Eufaula, for appellant/cross-appellee Alfa Life Insurance Corporation.

Ted Taylor, Leah O. Taylor, Tracy T. Sproule, and Rhonda Pitts Chambers of Taylor & Taylor, Birmingham, for appellees/cross-appellants Magnolia Jackson and Henry Jackson.

Ed R. Haden and H. Hampton Boles of Balch & Bingham, LLP, Birmingham, for amicus curiae Business Council of Alabama, in support of the appellant/cross-appellee's application for rehearing.

Matthew C. McDonald and David F. Walker of Miller, Hamilton, Snider & Odom, L.L.C., Mobile, for amicus curiae Alabama Association of Life Insurance Companies in support of the appellant/cross-appellee's application for rehearing.

On Second Application for Rehearing (1001854)

and

On Application for Rehearing (1002002)

JOHNSTONE, Justice.

The opinion of November 19, 2004, is withdrawn, and the following is substituted therefor.

Upon the trial of the claims of the plaintiffs Magnolia Jackson and Henry Jackson ("the plaintiffs") against the defendant Alfa Life Insurance Corporation ("Alfa") for fraud, negligent or wanton failure to procure...

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