ROBINSON v. RELIABLE LIFE INS. CO.

No. B-7059.

569 S.W.2d 28 (1978)

James D. ROBINSON, Petitioner, v. The RELIABLE LIFE INSURANCE COMPANY, Respondent.

Supreme Court of Texas.

March 8, 1978.


Attorney(s) appearing for the Case

Roger Turner, Dallas, for petitioner.

Elliott, Churchill, Hansen, Dyess & Maxfield, Gary W. Maxfield and William A. Forteith, Dallas, for respondent.


BARROW, Justice.

The question on this appeal is whether an insurer, in order to avoid liability on a policy of life insurance on the ground of false representations in the application for insurance, must establish both that the misrepresentation was material to the risk undertaken by the insurer and that the condition about which the misrepresentation was made contributed to the death of the insured. The court of civil appeals held that under Texas Insurance...

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