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AMERICAN-AMICABLE LIFE INSURANCE CO. v. LAWSON

No. B-52.

419 S.W.2d 823 (1967)

AMERICAN-AMICABLE LIFE INSURANCE COMPANY, Petitioner, v. Oscar W. LAWSON, Respondent.

Supreme Court of Texas.

Rehearing Denied November 15, 1967.

Attorney(s) appearing for the Case

Jones, Boyd, Westbrook & Lovelace, O. F. Jones, Jr., Waco, for petitioner.

Cox, Smith & Smith, Joe Smyer and J. Burleson Smith, San Antonio, for respondent.

GRIFFIN, Justice.

This is a suit by Oscar W. Lawson, respondent, against American-Amicable Life Insurance Company, petitioner, for recovery of double indemnity benefits alleged to be due under a "binding" receipt for insurance. Due to the prior death of the insured, no insurance policy was issued, and the Respondent Lawson must recover, if at all, upon the written receipt and application for insurance.

When the case came on for trial both parties filed motions...

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