NATIONAL LIFE AND ACCIDENT INSURANCE CO. v. SHERN

No. 11285.

389 S.W.2d 726 (1965)

The NATIONAL LIFE AND ACCIDENT INSURANCE COMPANY, Appellant, v. Rufus D. SHERN, Appellee.

Court of Civil Appeals of Texas. Austin.

April 14, 1965.


Attorney(s) appearing for the Case

Heath & Davis, Dudley D. McCalla, Austin, for appellant.

Niemann & Babb, J. Boone Baker, Austin, for appellee.


ARCHER, Chief Justice.

This is a suit to recover on a life insurance policy issued by the defendant on October 1, 1962 upon the life of Colasco Taylor Shern, who died January 25, 1963, by Rufus D. Shern, beneficiary.

The defendant denied liability on the ground that Mrs. Shern was not in sound health on the effective date of the policy, because she was a lifelong asthmatic and was afflicted with the serious disease of emphysema, and that there had been no...

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