EMPIRE LIFE AND HOSPITAL INSURANCE CO. v. POOLE

No. 5024.

469 S.W.2d 644 (1971)

EMPIRE LIFE AND HOSPITAL INSURANCE COMPANY, a legal reserve company, Appellant, v. Elenora POOLE, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied August 5, 1971.


Attorney(s) appearing for the Case

Rankin, Kern & Martinez, McAllen, for appellant.

Jones, Francis & Youts, Waco, for appellee.


OPINION

HALL, Justice.

Appellee brought this action against the appellant to recover benefits under the terms of a medical-hospitalization policy, issued by appellant to her, in which she is the insured.

Citation was served on appellant on December 10, 1970, at its home office in Austin, Texas. No answer having been filed, a default judgment was rendered against appellant on January 4, 1971, awarding appellee a recovery of $964.82.

Appellant...

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