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REPUBLIC BANKERS LIFE INSURANCE COMPANY v. DIXON

No. 571.

469 S.W.2d 646 (1971)

REPUBLIC BANKERS LIFE INSURANCE COMPANY, Appellant, v. W. J. DIXON, Appellee.

Court of Civil Appeals of Texas, Tyler.

July 15, 1971.

Attorney(s) appearing for the Case

Beard & Kultgen, Thomas L. Cook, Waco, for appellant.

Gordon Macdowell, Charles L. Attaway, Dallas, for appellee.

McKAY, Justice.

Appellee filed suit against appellant on July 14, 1970, to recover benefits claimed to be due under a hospital, surgical and medical insurance policy. Appellant did not file an answer, and default judgment was taken by appellee on August 20, 1970. Appellant learned of the default judgment on August 24, 1970, and notified its attorneys who, on August 27, 1970, filed a motion to set aside the default judgment and grant a new trial. Hearing was had on...

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