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LUBINS v. PACIFIC MUTUAL LIFE INSURANCE COMPANY

No. 4669.

423 S.W.2d 679 (1968)

Jeannette LUBINS, Appellant, v. PACIFIC MUTUAL LIFE INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas. Waco.

January 18, 1968.

Attorney(s) appearing for the Case

Marks, Time & Aranson, Fred Time, Dallas, for appellant.

Thompson, Knight, Simmons & Bullion, Jerry P. Jones, Dallas, for appellee.

OPINION

WILSON, Justice.

The beneficiary in a term life insurance policy sued the insurer to recover death benefits under the policy. The defense was that the policy lapsed for nonpayment of premiums. The facts are undisputed, the case having been tried on a stipulation. Judgment was rendered in the trial court for the insurer. We affirm.

The policy provided insured could elect, among other options, to have dividends "applied toward the payment of...

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