No. D-3930.

889 S.W.2d 278 (1994)

UNION BANKERS INSURANCE COMPANY, Petitioner, v. Thomas D. SHELTON and Ann Shelton, Respondents.

Supreme Court of Texas.

Decided June 22, 1994.

Rehearing Overruled September 15, 1994.

Concurring Opinion November 22, 1994.

Attorney(s) appearing for the Case

Joe R. Greenhill, Bob E. Shannon, Patrick O. Keel, Austin, for petitioner.

Edward L. Merritt, Gregory P. Grajczyk, David O. Nobles, Longview, for respondents.

Concurring Opinion of Chief Justice Phillips November 22, 1994.

HIGHTOWER, Justice, delivered the opinion of the Court, in which DOGGETT, GAMMAGE and SPECTOR, Justices, join.

This case requires that we determine (1) whether an insured's intent to deceive must be proved in order for an insurance company to successfully raise a defense of misrepresentation to a breach of contract action in connection with the cancellation of an individual health insurance policy...

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