AETNA LIFE INSURANCE COMPANY v. EILERS

No. 4136.

367 S.W.2d 732 (1963)

AETNA LIFE INSURANCE COMPANY, Appellant, v. Mrs. Margaret S. EILERS, Appellee.

Court of Civil Appeals of Texas at Waco.

Rehearing Denied May 16, 1963.


Attorney(s) appearing for the Case

Fouts, Moore, Williams & Caldwell, Joe E. Coleman, Houston, for appellant.

Nowlin Randolph, Houston, for appellee.


WILSON, Justice.

Insurer complains of order overruling its motion for summary judgment and sustaining that of the beneficiary, resulting in judgment for the sum alleged to be due on a life insurance policy, 12% damages and attorney's fees. The initial question is whether the policy permitted insurer to include interest "accrued", but not yet "due and payable", in computing insured's indebtedness secured by the policy so as to reduce the amount available for an automatic...

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