BAKER v. PENN MUT. LIFE INS. CO.

No. A2628.

617 S.W.2d 814 (1981)

P. M. BAKER, et ux., Appellants, v. The PENN MUTUAL LIFE INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

June 3, 1981.


Attorney(s) appearing for the Case

Jack E. Urouhart, Holtzman & Urouhart, Houston, for appellants.

Max Garrett, Wyckoff, Russell, Dunn & Frazier, Houston, for appellee.

Before J. CURTISS BROWN, C. J., and PAUL PRESSLER and JUNELL, JJ.


J. CURTISS BROWN, Chief Justice.

This is an appeal from a summary judgment for the defendant below in a suit to recover life insurance proceeds. The questions presented on appeal are whether material issues of fact existed concerning (1) the application of the insured's earned dividends to prevent lapse of the policy and (2) the insurer's waiver of the lapse.

On February 19, 1976, Dr. Steven H. Baker (the insured) purchased life insurance coverage from The...

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