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MATTOX v. WESTERN FIDELITY INS. CO.

No. EC87-285-S-D.

694 F.Supp. 210 (1988)

James E. MATTOX, Individually and as Executor of the Estate of Lucille Mattox, Plaintiff, v. WESTERN FIDELITY INSURANCE COMPANY, Defendant.

United States District Court, N.D. Mississippi, E.D.

September 8, 1988.

Attorney(s) appearing for the Case

Ralph Holland, Thomas A. Wicker, Holland, Ray & Upchurch, P.A., Tupelo, Miss., for plaintiff.

John H. Dunbar, Holcomb, Dunbar, Connell, Chaffin & Willard, Oxford, Miss., for defendant.

OPINION

SENTER, Chief Judge.

This cause is before the court on cross motions for summary judgment. The case involves allegations that Western Fidelity wrongfully denied claims which were filed by the plaintiff to recover under a major medical policy for expenses incurred during his wife's hospitalization. The defendant seeks summary judgment that it was justified in denying the claims and rescinding the policy due to material misrepresentations made by the...

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