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PATE v. CONSECO LIFE INS. CO.

No. 2006-CA-01496-SCT.

971 So.2d 593 (2008)

Charles E. PATE v. CONSECO LIFE INSURANCE COMPANY and Jack Creely.

Supreme Court of Mississippi.

January 3, 2008.

Attorney(s) appearing for the Case

Grady L. McCool, III, Joseph E. Roberts, Jr., Jackson, attorneys for appellant.

Jacob Michael Jenkins, Charles E. Griffin, Jackson, attorneys for appellees.

Before SMITH, C.J., GRAVES AND RANDOLPH, JJ.

GRAVES, Justice, for the Court.

¶ 1. This is an appeal from an order granting summary judgment in the Circuit Court of Itawamba County. Because we find that the trial court erred in finding no genuine issue of material fact and in finding that Conseco is entitled to a judgment as a matter of law, we reverse and remand.

FACTS

¶ 2. Charles Pate obtained a life insurance policy from Lamar Life Insurance Company on November 19, 1984. Bill Ogden...

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