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TRAVELERS INSURANCE COMPANY v. SOLOMON

No. 6072.

454 S.W.2d 765 (1970)

The TRAVELERS INSURANCE COMPANY, Appellant, v. R. R. SOLOMON, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied May 27, 1970.

Attorney(s) appearing for the Case

Turpin, Smith, Dyer, Hardie & Harman, Midland, Lawrence L. Fuller, Odessa, Max N. Osborn, Midland, of counsel, for appellant.

Burnett & Childs, Bob Hoblit, Richard J. Clarkson, Jerry P. Childs, Odessa, for appellee.

OPINION

FRASER, Chief Justice.

Mr. R. R. Solomon received a jury verdict in his favor against Travelers Insurance Company for anticipatory breach of an insurance contract. The contract was an accidental disability policy issued by appellant to appellee. Under the policy appellant agreed to pay the sum of $200.00 per month during the period of any total disability sustained by appellee which commenced within 30 days after he received accidental injuries....

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