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ROBERTS v. MASS. INDEM. AND LIFE INS. CO.

No. 05-85-01229-CV.

713 S.W.2d 159 (1986)

Ethel ROBERTS, Appellant, v. MASSACHUSETTS INDEMNITY AND LIFE INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied July 15, 1986.

Attorney(s) appearing for the Case

Bertran T. Bader, III, Cox & Bader, Dallas, for appellant.

Eric D. Nielsen, Houston, for appellee.

Before VANCE, DEVANY and HOLLINGSWORTH, JJ.

DEVANY, Justice.

Ethel Roberts appeals a summary judgment in favor of Massachusetts Indemnity and Life Insurance Company (MILICO) which denied her claim to death benefits under a $200,000 life insurance policy that MILICO issued to her husband Charles B. Roberts, Jr. (the insured). We disagree with Roberts's contention that MILICO's acceptance of a check from the insured which was not paid by the bank of the insured because of insufficient funds was adequate to activate...

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