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PERRY v. BANKERS LIFE AND CASUALTY COMPANY

No. 16357.

362 S.W.2d 213 (1962)

Zella Rose PERRY et vir, Appellants, v. BANKERS LIFE AND CASUALTY COMPANY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied November 30, 1962.

Attorney(s) appearing for the Case

Harry N. Ward, Fort Worth, for appellants.

Hudson, Keltner, Jordan, Smith & Cunningham, and Walter E. Jordan, Fort Worth, for appellee.

BOYD, Justice.

Zella Rose Perry and her husband, L. W. Perry, appeal from an adverse summary judgment in their suit on an insurance policy on the life of Cora Lee Cox. Mrs. Perry being the beneficiary.

The question presented is whether fraud in an application for reinstatement of a lapsed policy may be urged as a defense after the expiration of the contestable period.

The policy was issued on May 6, 1959. It lapsed for nonpayment of premiums on July...

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