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BALDERAMA v. WESTERN CAS. LIFE INS. CO.

No. D-0355.

825 S.W.2d 432 (1991)

John BALDERAMA & Dolores Balderama, Petitioners, v. WESTERN CASUALTY LIFE INSURANCE CO., Respondent.

Supreme Court of Texas.

Rehearing Overruled April 8, 1992.

Attorney(s) appearing for the Case

Malcolm C. Halbardier, San Antonio, Robert D. Huerta, Irving, for petitioners.

Daniel A. Bass and Jane E. Bockus, San Antonio, for respondent.

OPINION

HECHT, Justice.

Article 3.70-2(E) of the Texas Insurance Code prohibits issuance of an accident and sickness insurance policy in this state which covers newborn children but limits or excludes that coverage for a period of time or for congenital defects. At issue in this case is whether insurance documents issued to John and Dolores Balderama, some covering their newborn children and some not, must be construed as a single policy and thus in violation...

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