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MID-WESTERN LIFE INS. CO. OF TEX. v. GOSS

No. B-6582.

552 S.W.2d 430 (1977)

MID-WESTERN LIFE INSURANCE COMPANY OF TEXAS, Petitioner, v. Larry GOSS et ux., Respondents.

Supreme Court of Texas.

June 8, 1977.

Attorney(s) appearing for the Case

O. Joseph Damiani, J. Michael Cunningham, Houston, for petitioner.

Gordon Wellborn and Rex Houston, Blake Bailey, Henderson, for respondents.

SAM D. JOHNSON, Justice.

Larry and Ann Goss brought this action against Mid-Western Life Insurance Company asserting that the Company had breached an insurance contract by refusing to pay their claim for hospitalization benefits. Mid-Western maintained that Ann Goss' hospitalization for appendicitis was not covered by its policy. At trial Mid-Western's motion for an instructed verdict in its favor was granted. The court of civil appeals reversed and remanded concluding...

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