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JOHNSTON & JOHNSTON v. CONSECO LIFE INS. CO.

No. 13-30010.

732 F.3d 555 (2013)

JOHNSTON & JOHNSTON, Plaintiff-Appellee v. CONSECO LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 17, 2013.

Attorney(s) appearing for the Case

Charles W. Herold, III , George Adam Cossey (argued), Hudson, Potts & Bernstein, L.L.P., Monroe, LA, for Plaintiff-Appellee.

Scott Nikolaus Hensgens , Attorney, Breazeale, Sachse & Wilson, L.L.P., Baton Rouge, LA, Jason Allen Walters (argued), Bradley Arant Boult Cummings, L.L.P., Birmingham, AL, for Defendant-Appellant.

Dana Livingston , Susan Schlesinger Vance , Alexander Dubose & Townsend, L.L.P., Austin, TX, for Amicus Curiae American Council of Life Insurers.

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

CAROLYN DINEEN KING, Circuit Judge:

Conseco Life Insurance Company's predecessor issued a flexible premium life insurance policy to Johnston & Johnston on the life of Mary Ann D. Johnston in 1988. The Policy's cash surrender value dropped below zero dollars in December 2010, causing it to enter a sixty-one-day grace period. The Policy terminated in February 2011, after Johnston & Johnston failed to make any payments on the Policy during the grace period. Ms...

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