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ALLSTATE INS. CO. v. MOONEY

No. 8842.

562 S.W.2d 950 (1978)

ALLSTATE INSURANCE COMPANY, Appellant, v. Lou Ann MOONEY, widow and Community Survivor of Kevin G. Mooney, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied March 27, 1978.

Attorney(s) appearing for the Case

Underwood, Wilson, Sutton, Berry, Stein & Johnson, Clifford A. Stein and Richard F. Brown, Amarillo, for appellant.

Bob Huff & Associates, Robert E. Teel, Lubbock, for appellee.

DODSON, Justice.

Lou Ann Mooney, plaintiff-appellee and surviving widow of Kevin G. Mooney, deceased, brought suit against Allstate Insurance Company, the defendant-appellant. By her action, Mrs. Mooney sought to recover the proceeds of an insurance policy she alleged was in force on the life of her husband. Allstate claimed the policy had lapsed prior to the death of Kevin Mooney for non-payment of premiums, as provided in the policy, and for non-acceptance of a...

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