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STEWART v. GROUP HEALTH & LIFE INS. CO.

No. 5730.

555 S.W.2d 531 (1977)

Mrs. Joe E. STEWART, Appellant, v. GROUP HEALTH & LIFE INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

August 25, 1977.

Attorney(s) appearing for the Case

Frank H. Pope, Jr., Law Offices of Yarborough & Pope, Inc., Bedford, for appellant.

Michael G. Mullen and Ace Pickens, Brown, Maroney, Rose, Baker & Barber, Austin, for appellee.

HALL, Justice.

This suit was brought for benefits provided by a certificate of life insurance under a group policy, plus 12% penalty and attorneys' fees under the provisions of V.A.T.S. Ins.Code, art. 3.62,1 on the theory that although the insurer had tendered the full amount of life benefits payable, the tender was conditioned (and remained so after demand for unconditional payment) upon waiver of disability benefits also claimed by plaintiff...

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