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GUIDRY v. AMERICAN PUBLIC LIFE INS. CO.

No. 07-30085.

512 F.3d 177 (2007)

Darcy GUIDRY; Sally Guidry, Plaintiffs-Appellants, v. AMERICAN PUBLIC LIFE INSURANCE CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 21, 2007.

Attorney(s) appearing for the Case

Thomas Allen Filo, Cox, Cox, Filo & Camel, Claude Pierson Devall, Lake Charles, LA, Stephen B. Murray (argued), Stephen B. Murray, Jr., Murray Law Firm, New Orleans, LA, for Plaintiffs-Appellants.

W. Wayne Drinkwater (argued), Bradley, Arant, Rose & White, Jackson, MS, John E. Goodman, Bradley, Arant, Rose & White, Birmingham, AL, Maria I. O'Bryne Stephenson, Catherine I. Chavarri, Kathleen Diane Lambert, Stephenson, Matthews, Chavarri & Lambert, New Orleans, LA, John M. Bolton, III, Sasser, Bolton, Stidham & Sefton, PC, Montgomery, AL, for Defendant-Appellee.

Markham R. Leventhal, Mitchell D. Sprengelmeyer, Jorden Burt, Miami, FL, for Amicus Curiae.

Before BENAVIDES, CLEMENT and PRADO, Circuit Judges.

BENAVIDES, Circuit Judge:

Appellants Darcy and Sally Guidry seek a reversal of the district court's dismissal of their claims against Appellee American Public Life Insurance Company ("APL") pursuant to APL's Motion for Judgment on the Pleadings. For the following reasons, we reverse and remand.

I. BACKGROUND

On March 31, 1993, Darcy Guidry applied for an APLIC-3 Cancer and Specified Disease Policy (the "Policy"), which APL issued to him thereafter...

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