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FINDINGS OF FACT
Some of the facts have been stipulated and are so found.
A. Petitioners
1. Ella M. Ervin and Sam Ervin
Ervin and her husband, Sam Ervin, resided in Mobile,
Alabama, when they filed their petition.
Lee Padgett (Padgett) was United’s agent who sold a health
insurance policy to Ervin for her daughter. Ervin told Padgett
that Ervin’s daughter had lupus. Padgett told Ervin that her
daughter’s condition would not preclude coverage. United later
denied medical claims that Ervin filed for her daughter on the
grounds that her daughter had lupus before Ervin bought the
insurance. Ervin and her husband filed a joint Federal income
tax return for 1994.
2. Alfred Hudson
Hudson, a truck driver, resided in Eight Mile, Alabama, when
he filed his petition. He bought hospitalization insurance from
United through Padgett. He had surgery and incurred medical
bills totaling about $6,000. United did not pay any of those
bills. Hudson subsequently filed for bankruptcy protection.
Hudson did not file a 1994 Federal income tax return.
3. Hawthorne Echols and Vivian H. Echols
Echols and Hawthorne Echols were married and resided in
Mobile, Alabama, when they filed their petition. She bought life
insurance and medical insurance from United through Padgett
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