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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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