CONTINENTAL CASUALTY COMPANY v. VAUGHN

No. 14874.

407 S.W.2d 818 (1966)

CONTINENTAL CASUALTY COMPANY, Appellant, v. Walter Earl VAUGHN, Appellee.

Court of Civil Appeals of Texas, Houston.

Rehearing Denied November 10, 1966.


Attorney(s) appearing for the Case

The Kempers, Houston, T. M. Kemper, Houston, of counsel, for appellant.

Brown, Kronzer, Abraham, Watkins & Steely, Dale Harvill, Frank T. Abraham, W. James Kronzer, Houston, for appellee.


WERLEIN, Justice.

Appellee sued his insurance carrier to recover damages for an anticipatory breach of an accident insurance policy. The policy provides for the payment of monthly indemnity for loss resulting from injury, in the sum of $100.00 for total disability for the maximum period of the insured's life. It defines "injury" to mean "bodily injury caused by an accident * * * and resulting directly and independently of all other causes * * *"

The jury found...

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