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AMERICAN TEACHERS LIFE INS. CO. v. BRUGETTE

No. C-5864.

728 S.W.2d 763 (1987)

AMERICAN TEACHERS LIFE INSURANCE COMPANY, Petitioner, v. Anthony R. BRUGETTE, Respondent.

Supreme Court of Texas.

Rehearing Denied May 27, 1987.

Attorney(s) appearing for the Case

R. Michael Smyrl, Smyrl & Giddens, Pasadena, for petitioner.

John H. Seale, Seale, Stover, Coffield, Gatlin & Bisbey, Jasper, for respondent.

KILGARLIN, Justice.

At issue is a claimant's burden in a suit on an insurance policy when he has failed to comply with its proof of loss provisions. Anthony Brugette sued American Teachers Life Insurance Company to recover disability benefits. A trial court judgment for him was affirmed, 717 S.W.2d 719, with the court of appeals holding that Brugette had substantially complied with the proof of loss requirements. We disagree and...

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