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TEXAS PRUDENTIAL INSURANCE COMPANY v. DILLARD

No. A-6211.

307 S.W.2d 242 (1957)

TEXAS PRUDENTIAL INSURANCE COMPANY, Petitioner, v. Oral Vera DILLARD, Respondent.

Supreme Court of Texas.

Rehearing Denied December 18, 1957.

Attorney(s) appearing for the Case

Thompson, Knight, Wright & Simmons, Pinkney Grissom and David M. Kendall, Jr., Dallas, for petitioner.

Joseph W. Geary, Jr., W. S. Barron, Jr., Dallas, for respondent.

GARWOOD, Justice.

The application for writ of error in this case and the answer thereto present two questions, as follows: (1) As a matter of law on the evidence was the deceased insured, Clarence Gurthery Dillard, not in good health within the meaning of the life insurance policy in suit when the policy was delivered to him on or about April 15, 1953, by petitioner, Texas Prudential Insurance Company? (2) if he was not, has the petitioner insurer waived the "good...

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