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TIX v. EMPLOYERS CASUALTY COMPANY

No. 14071.

368 S.W.2d 105 (1963)

Munson H. TIX, Independent Executor of the Estate of Cecile Tix Smith, Deceased, Appellant, v. EMPLOYERS CASUALTY COMPANY, Appellee.

Court of Civil Appeals of Texas, Houston.

Rehearing Denied May 30, 1963.

Attorney(s) appearing for the Case

Barker, Barker & Coltzer, Jerry D. Barker, Galveston, for appellant.

Royston, Rayzor & Cook, Galveston, Bryan F. Williams, Jr., Edward J. Patterson, Jr., Galveston, of counsel, for appellee.

BELL, Chief Justice.

Cecile Tix Smith was the assured in an accident insurance policy under which appellee agreed to pay $10,000.00 if death resulted to her "directly and independently of all other causes from bodily injury caused by accident and sustained by assured while in or upon, or while entering into or alighting from * * * an automobile." She died from an acute heart failure on December 11, 1959, while she was in...

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