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COMMUNITY LIFE & HEALTH INSURANCE CO. v. MITCHELL

No. 4271.

434 S.W.2d 371 (1968)

COMMUNITY LIFE & HEALTH INSURANCE COMPANY, Appellant, v. Earnest MITCHELL, Appellee.

Court of Civil Appeals of Texas. Eastland.

October 25, 1968.

Attorney(s) appearing for the Case

Harry L. Williams, Ft. Worth, for appellant.

Cayton, Gresham & Fulbright, Wm. E. Fulbright, Lamesa, for appellee.

WALTER, Justice.

In a non-jury trial Earnest Mitchell recovered judgment against Community Life & Health Insurance Company for $1,557.25 and the company has appealed. The company contends the court erred in rendering judgment for the reason that the claim of Mitchell was based on an illness that came within the exclusions and limitations of the policy.

The case was tried upon the stipulations entered into by the parties. By said stipulations it was agreed...

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