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ATKINSON v. AMERICAN HOSPITAL AND LIFE INSURANCE CO.

No. 14841.

272 S.W.2d 566 (1954)

Haydres ATKINSON, Appellant, v. The AMERICAN HOSPITAL AND LIFE INSURANCE CO., Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied October 29, 1954.

Attorney(s) appearing for the Case

Chaney, Davenport & Harless, Dallas, for appellant.

Burford, Ryburn, Hincks & Ford, Roy L. Cole and Joseph M. Stuhl, Dallas, for appellee.

YOUNG, Justice.

Appellant's suit was upon a contract denominated "Hospital Insurance Policy" for hospital and surgical benefits specified therein, following a hysterectomy (removal of uterus), undergone more than two years after date of policy—May 1, 1950., Defendant Company denied liability, tendering premiums paid; alleging fraudulent representations made in application for the policy with respect to a pre-existing tumor; and, upon jury answers to issues...

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