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MAYES v. MASSACHUSETTS MUT. LIFE INS. CO.

No. B-9153.

608 S.W.2d 612 (1980)

Mattie Emmaline MAYES, Petitioner, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Respondent.

Supreme Court of Texas.

October 29, 1980.

Attorney(s) appearing for the Case

Taylor, Mizell, Price, Corrigan & Smith, Bradford D. Corrigan, Jr., Dallas, for petitioner.

Thompson & Knight, Eugene W. Brees and Jerry P. Jones, Dallas, for respondent.

BARROW, Justice.

Massachusetts Mutual Life Insurance Company brought this suit to rescind three policies of insurance on the life of Albert W. Mayes, deceased, because Mayes did not disclose to the insurer that certain answers in his applications which were correct when made had become false by the time the policies were delivered. Petitioner, who was the named beneficiary in the policies, counterclaimed for the proceeds of the policies together with penalty, interest...

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