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PRUDENTIAL INSURANCE CO. OF AMERICA v. LEVINSON

No. 7061.

444 S.W.2d 811 (1969)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellant, v. Sidney L. LEVINSON, Appellee.

Court of Civil Appeals of Texas, Beaumont.

September 4, 1969.

Attorney(s) appearing for the Case

Mehaffey, Weber, Keith & Gonsolin, Beaumont, for appellant.

Waldman & Smallwood, Moore, Moore & Landrey, Bobby C. Williams, Beaumont, for appellee.

PARKER, Chief Justice.

Sidney L. Levinson sued Prudential Insurance Company of America for benefits under an accident and health insurance policy issued by Prudential, with Mrs. Levinson as the Insured. Prudential Insurance Company defended and counterclaimed for rescission of the policy on the ground that the issuance of the policy had been induced by false statements about Mrs. Levinson's health history which were material to the risk, tendering all premiums paid...

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