AMERICAN HOME LIFE INSURANCE COMPANY v. ZUNIGA

No. 15698.

228 F.2d 403 (1955)

AMERICAN HOME LIFE INSURANCE COMPANY, Appellant, v. Teodora Barron ZUNIGA, Appellee.

United States Court of Appeals Fifth Circuit.

December 30, 1955.


Attorney(s) appearing for the Case

J. D. Wheeler, Bond Davis, San Antonio, Tex., Boyle, Wheeler, Gresham Davis & Gregory, San Antonio, Tex., for appellant.

William P. Dobbins, William M. Porter, San Antonio, Tex., Porter, Vann & Madalinski Dobbins & Howard, San Antonio, Tex., for appellee.

Before TUTTLE, CAMERON and JONES, Circuit Judges.


CAMERON, Circuit Judge.

Appellee (plaintiff), Teodora Zuniga, as insured, recovered judgment upon jury verdict for $10,000.00 plus damages and attorneys' fees against appellant Insurance Company (defendant), upon insurance carried by it on the life of her husband. The main defense was that the husband had not been in good health when the policy was delivered to him; and that the Court below adopted the wrong delivery date. The jury, upon special interrogatories, found...

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