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NATIONAL LIFE AND ACCIDENT INSURANCE CO. v. SALAS

No. 4224.

426 S.W.2d 327 (1968)

NATIONAL LIFE AND ACCIDENT INSURANCE COMPANY, Appellant, v. Rita SALAS, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied April 5, 1968.

Attorney(s) appearing for the Case

Robert E. Davis, Matthews & Thorp, Dallas, for appellant.

Marvin Menaker, Dallas, for appellee.

GRISSOM, Chief Justice.

Rita Salas sued the National Life and Accident Insurance Company on a life insurance policy, issued December 16, 1963, insuring the life of her baby, Rudolph Salas. Rudolph was born October 30, 1963. He died May 24, 1964. He was about six weeks old when the policy was issued to his mother. The Insurance Company defended on the ground that Rudolph was not in sound health when the policy was issued and therefore the provision in the policy that...

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