CONTINENTAL CASUALTY COMPANY v. BOERGER

No. 4325.

389 S.W.2d 566 (1965)

CONTINENTAL CASUALTY COMPANY, Appellant, v. Richard H. BOERGER, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied April 22, 1965.


Attorney(s) appearing for the Case

The Kempers, John D. Richardson, Houston, for appellant.

Miller & Gann, Brown, Kronzer, Abraham, Watkins & Steely, Houston, for appellee.


WILSON, Justice.

The question in this suit by insured against the health and accident insurer is stated by the insurer to be whether insured "actually made out a case of `repudiation'."

Judgment was rendered for insured for the commuted value of "unaccrued disability benefits" on jury findings to the effect that insured will be totally disabled for 537 weeks, and that insurer's agent told insured the company "had paid him all the

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