LUMBERMENS MUTUAL CASUALTY COMPANY v. KLOTZ

No. 16879.

251 F.2d 499 (1958)

LUMBERMENS MUTUAL CASUALTY COMPANY, Appellant, v. Dr. Harry Leslie KLOTZ, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 10, 1958.


Attorney(s) appearing for the Case

D. L. Case, Dallas, Tex., Robertson, Jackson, Payne, Lancaster & Walker, Dallas, Tex., for appellant.

David L. Tisinger, Gaynor Kendall, Austin, Tex., Tisinger & Sloan, Austin, Tex., for appellee.

Before TUTTLE, JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

In this declaratory judgment action by the Insurer with a successful counterclaim by the Assured for damage equivalent to the commuted value of weekly, total disability sickness benefits, the questions for us are: (1) whether the policy was voided by fraudulent misrepresentations of the medical history by the Assured; if not, (2) whether there was an anticipatory breach; and if so, (3) whether this entitled the Assured to recover as damages...

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