(DOWNLOAD) "Universal Life & Accident Ins. Co. v. Barron Et Al." by Dallas No. 14773 Court of Civil Appeals of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: Universal Life & Accident Ins. Co. v. Barron Et Al.
- Author : Dallas No. 14773 Court of Civil Appeals of Texas
- Release Date : January 14, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
On Motion for Rehearing It was with particular reference to question 24 of the application (not checked or answered) that
in original opinion we stated: "There was no evidence adduced to the effect that Floyda Mae on date of application represented
to 'the agent of defendant company that she had never had any illness which caused her to be confined in bed or hospital,
or to be absent from work, or to consult a doctor." And while the following evidence (detailed by appellant) bears on issue
2 (answered "No" by the jury), the same did not conclusively establish that such a representation was made: (1) That the insured
signed the application below the statement, "I agree that the above statements, including those on the reverse side hereof,
are complete and true as written"; (2) that Ira Green, former husband of appellee, who was present at the time the application
was signed, testified specifically that the agent asked Floyda Mae White, "Was she in good health, had she ever had any operations
or anything like that?"; (3) further testimony of Mitchell that he had never been at the taking of an application for insurance
when all questions on such application were not asked of the applicant; and (4) statement of appellee that the insured signed
the application; that she had a high school education and could read and write well, and that she had the opportunity to read
over the application before she signed the same. Otherwise, the points and argument advanced in motion for rehearing, after due consideration, are overruled.