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BUCHANAN v. AMERICAN NATIONAL INSURANCE COMPANY

No. 6043.

446 S.W.2d 384 (1969)

Etta Marie BUCHANAN, a feme sole, Appellant, v. AMERICAN NATIONAL INSURANCE COMPANY, a corporation, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied November 5, 1969.

Attorney(s) appearing for the Case

Richard Yetter and James T. Allen, El Paso, for appellant.

Scott, Hulse, Marshall & Feuille, Richard Munzinger, El Paso, for appellee.

OPINION

WARD, Justice.

This suit was brought on a non-medical life insurance policy by Etta Marie Buchanan, wife of the insured, Jimmie T. Buchanan, and joined by Banks Funeral Home, assignee of a portion of the policy proceeds. The appellee, American National Insurance Company, by its answer and cross-action, sought recission and cancellation based on a breach of the "good health" provision of the policy by reason of the insured's affliction with bronchial...

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