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FORTIS BENEFITS INS. CO. v. PINKLEY

1040125.

926 So.2d 981 (2005)

FORTIS BENEFITS INSURANCE COMPANY and Fortis Insurance Company v. Bertha Bernice PINKLEY, individually and as executrix for the estate of Jay Donald Pinkley, deceased.

Supreme Court of Alabama.

Rehearing Denied October 21, 2005.

Attorney(s) appearing for the Case

Russell Myles and Karen Tucker Luce of McDowell, Knight, Roedder & Sledge, L.L.C., Mobile, for appellants.

Banks C. Ladd, Mobile, for appellee.

WOODALL, Justice.

Fortis Benefits Insurance Company and Fortis Insurance Company (hereinafter collectively referred to as "Fortis") appeal by permission, pursuant to Rule 5, Ala. R.App. P., from the denial of their motion for a summary judgment in an action commenced by Bertha Bernice Pinkley, individually and as executrix of the estate of her deceased husband, Jay Donald Pinkley, to recover life-insurance benefits. We reverse and remand.

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