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ELKINS v. ÆTNA LIFE INS. CO.

No. 979.

26 F.2d 277 (1928)

ELKINS v. ÆTNA LIFE INS. CO. OF HARTFORD, CONN.

District Court, S. D. Texas, at Houston.

May 5, 1928.

Attorney(s) appearing for the Case

Vinson, Elkins, Sweeton & Weems, of Houston, Tex. (C. M. Hightower and Geo. E. B. Peddy, both of Houston, Tex., of counsel), for plaintiff.

Fulbright, Crooker & Freeman, of Houston, Tex. (T. H. Cody and John H. Crooker, both of Houston, Tex., of counsel), for defendant.

HUTCHESON, District Judge.

This is a suit on an accident policy containing a pro rata clause as follows:

"In the event the insured is injured after having changed his occupation to one classified by the company as more hazardous than that stated in the policy, or while he is doing any act or thing pertaining to any occupation so classified, except ordinary duties about his residence or while engaged in recreation, in which event the company will pay only such...

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