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AmerUS LIFE INS. CO. v. SMITH

1041054.

937 So.2d 510 (2006)

AmerUS LIFE INSURANCE COMPANY v. Bobby Ray SMITH et al.

Supreme Court of Alabama.

February 24, 2006.

Attorney(s) appearing for the Case

Charles A. Dauphin and Elizabeth W. McElroy of Baxley, Dillard, Dauphin, McKnight & Barclift, Birmingham, for appellant.

Michael K. Beard of Marsh, Rickard & Bryan, P.C., Birmingham, for appellees.

HARWOOD, Justice.

AmerUs Life Insurance Company appeals by permission, pursuant to Rule 5, Ala. R.App. P., from the denial of its motion for a summary judgment. We affirm.

Facts and Procedural History

In 1987, AmerUs, then known as Central Life Assurance Company, sold two life insurance policies to Precision Husky Corporation. Both policies were "flexible premium adjustable" key-man insurance policies insuring the life of Bobby Ray Smith,...

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