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BLACK v. AMERICAN BANKERS INSURANCE COMPANY

No. B-2805.

478 S.W.2d 434 (1972)

Henry H. BLACK, Petitioner, v. AMERICAN BANKERS INSURANCE COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied February 9, 1972.

Attorney(s) appearing for the Case

James N. Phenix, Henderson, for petitioner.

Sheehy, Cureton, Westbrook, Lovelace & Nielsen, Benjamin N. Hamilton, Waco, for respondent.

DANIEL, Justice.

Henry H. Black, plaintiff, recovered a judgment in a nonjury case against American Bankers Insurance Company, defendant, for hospital charges, penalty and attorney's fee alleged to be due under a medical and hospital insurance policy. The Court of Civil Appeals reversed and rendered on the grounds that the disputed hospital expenses were not "actually incurred" by plaintiff because they were the obligation of and chargeable only to the Social Security...

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