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VALLEY FORGE LIFE INSURANCE COMPANY v. DAILY

No. 17219.

467 S.W.2d 562 (1971)

VALLEY FORGE LIFE INSURANCE COMPANY, Appellant, v. Elouise Wyatt DAILY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

May 14, 1971.

Attorney(s) appearing for the Case

Fillmore, Lambert, Farabee & Purtle, and Glynn Purtle, Wichita Falls, for appellant.

Prothro & Sellers, and Lee Sellers, Wichita Falls, for appellee.

OPINION

MASSEY, Chief Justice.

Judgment by default was rendered for plaintiff Elouise Wyatt Daily on account of a loss occurring under a life insurance policy (as result of the death of her husband). The defendant was a life insurance company, Valley Forge Life Insurance Company. The judgment was for the face amount of the policy, plus 12% penalty and plus attorney fees. The defendant's Motion for New Trial was filed within 10 days' time and thereafter amended...

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