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MAINER v. AMERICAN HOSPITAL AND LIFE INSURANCE CO.

No. 11106.

371 S.W.2d 717 (1963)

Gertrude Sue MAINER, Appellant, v. AMERICAN HOSPITAL AND LIFE INSURANCE COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied November 13, 1963.

Attorney(s) appearing for the Case

Cofer, Cofer & Hearne, Austin, for appellant.

Graves, Dougherty, Gee & Hearon, Austin, Atwell, Grayson & Atwell, Dallas, Boyle, Wheeler, Gresham, Davis & Gregory, San Antonio, for appellees.

ARCHER, Chief Justice.

This is a suit on two life insurance policies which had been in effect longer than the statutory two year period after which each policy became incontestable. Each appellee contested the accidental death benefits provided by its policy on the basis of exceptions contained in policy provisions concerning accidental death benefits. The District Court held that the accidental death provisions were separate contracts, unaffected by the statutory...

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