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AMERICAN CASUALTY & LIFE CO. v. MASON

No. 15297.

244 S.W.2d 691 (1951)

AMERICAN CASUALTY & LIFE CO. v. MASON.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied January 4, 1952.

Attorney(s) appearing for the Case

Holloway, Crowley & Hudson, of Fort Worth, and Malone, Lipscomb & Seay, of Dallas, for appellant.

Samuels, Brown, Herman & Scott, of Fort Worth, for appellee.

CULVER, Justice.

Appellee Mason sued on accident and health policy issued to him on August 22, 1944, by appellant company, asserting total disability as a result of tuberculosis beginning in September, 1948, and continuing to the date of trial. The policy provided an indemnity in the sum of $200 per month for a maximum of twenty-five weeks for total disability and loss of time.

The defense interposed by the company was that by the terms of a settlement and...

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