NATIONAL BEN FRANKLIN INS. CO. OF PITTSBURGH v. ALLEN

No. 17012.

440 S.W.2d 402 (1969)

NATIONAL BEN FRANKLIN INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Appellant, v. Elizabeth K. ALLEN, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied May 9, 1969.


Attorney(s) appearing for the Case

Brown, Day & Crowley, and M. Hendricks Brown, Fort Worth, for appellant.

Bill Waltrip, Fort Worth, for appellee.


OPINION

MASSEY, Chief Justice.

Save for one aspect of the appeal of this workmen's compensation insurance case the points of error may be resolved by memorandum opinion.

Such aspect is arisen because the claimant failed to take the stand to explain a written statement signed by her upon admission to the hospital following her alleged injury, by which statement (as a part of an application for benefits under a health and accident insurance policy...

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