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MINNESOTA MUTUAL LIFE INSURANCE COMPANY v. MORSE

No. B-3318.

487 S.W.2d 317 (1972)

The MINNESOTA MUTUAL LIFE INSURANCE COMPANY, Petitioner, v. Ethel C. MORSE, Executrix et al., Respondent.

Supreme Court of Texas.

Rehearing Denied December 13, 1972.

Attorney(s) appearing for the Case

Atchley, Russell, Hutchinson & Waldrop, Victor Hlavinka, Texarkana, for petitioner.

Smith, Stroud, McClerkin & Conway, Winford L. Dunn, Jr., Texarkana, for respondent.

REAVLEY, Justice.

Ethel C. Morse brought this suit to collect insurance benefits due under group life policies which protected her husband, James K. Morse. The dispute is over the amount of those benefits and the effect of provisions of incontestability. The trial court held the insurance company liable for the full amount sought, and the court of civil appeals affirmed. 476 S.W.2d 753. Holding the incontestability provisions to...

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