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04/07/95 LIBERTY NATIONAL LIFE INSURANCE COMPANY v.

April 7, 1995

LIBERTY NATIONAL LIFE INSURANCE COMPANY
v.
EDITH N. MCALLISTER



Appeal from Mobile Circuit Court. (CV-92-4085).

Original Opinion of February 24, 1995, .

Ingram, Maddox, Houston, Kennedy, Cook, and Butts, JJ., concur. Houston, J., substitutes an amended special concurrence for that issued on February 24, 1995.

The opinion of the court was delivered by: Ingram

On Application for Rehearing

INGRAM, JUSTICE.

APPLICATION OVERRULED.

Maddox, Houston, Kennedy, Cook, and Butts, JJ., concur.

Houston, J., substitutes an amended special concurrence for that issued on February 24, 1995.

HOUSTON, JUSTICE (concurring specially).

For purposes of the statute of limitations, fraud is "discovered" as a matter of law when one receives documents that would put one on such notice that the fraud reasonably should have been discovered. Hickox v. Stover, 551 So. 2d 259, 262 (Ala. 1989). Liberty National contends that the essence of Edith McAllister's claim, based on multiple causes of action, is that Liberty National wrongfully induced her to exchange existing cancer policies for new policies by not disclosing certain monetary limits upon radiation, chemotherapy, and drug benefits under the new policies.

Liberty National's "Exhibit 2" is a brochure given to McAllister in 1987, when she changed policies. This brochure read:

"BENEFITS WE PAY

FOR

".... ...


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