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CARDENAS v. UNITED OF OMAHA LIFE INS. CO.

No. 12-51295.

731 F.3d 496 (2013)

Elvia CARDENAS, Plaintiff-Appellant v. UNITED OF OMAHA LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 30, 2013.

Attorney(s) appearing for the Case

Gilbert Vara, Jr., Law Office of Gilbert Vara, Jr., Michael James O'Connor, Law Offices of Michael J. O'Connor, Caylin Victoria Wenzel, Law Office of Caylin V. Wenzel, P.L.L.C., San Antonio, TX, for Plaintiff-Appellant.

Kevin Joseph Cook, Payne & Blanchard, L.L.P., Dallas, TX, for Defendant-Appellee.

Before STEWART, Chief Judge, and KING and PRADO, Circuit Judges.

KING, Circuit Judge:

This case arises from Defendant-Appellee United of Omaha Life Insurance Company's denial of Plaintiff-Appellant Elvia Cardenas's claim for benefits from a life insurance policy taken out by Cardenas's daughter, Elvia Sierra. The policy lapsed and was subsequently reinstated; Sierra died thirteen months after the reinstatement. As required by the Texas Insurance Code, the policy contained a provision that it would become incontestable if it remained...

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