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PREFERRED LIFE INSURANCE COMPANY v. CALDWELL

No. 10553.

311 S.W.2d 518 (1958)

PREFERRED LIFE INSURANCE COMPANY, Appellant, v. Rachael E. CALDWELL, Individually and as Independent Executrix of the Estate of Henry Caldwell, Deceased, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 26, 1958.

Attorney(s) appearing for the Case

Cervin, & Melton, Claude R. Wilson, Jr., Dallas, for appellant.

O'Neal Dendy, San Angelo, for appellee.

GRAY, Justice.

Appellant issued a policy of health and accident insurance to Henry Caldwell upon which policy proof of expenses of sickness was filed and a claim for benefits was made. There was delay in the payment of benefits and appellee filed suit for attorney's fees and for penalties under Art. 3.62, Texas Insurance Code, V.A.T.S.

A jury trial was had but upon conclusion of the evidence both parties filed motions

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