Home/Court of Appeals of Texas/American Nat. Ins. Co. v. Walker

American Nat. Ins. Co. v. Walker

256 S.W. 950
CourtCourt of Appeals of Texas
DecidedNovember 30, 1923
DocketNo. 2814.
StatusPublished
Cited by5 cases

This text of 256 S.W. 950 (American Nat. Ins. Co. v. Walker) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Nat. Ins. Co. v. Walker, 256 S.W. 950 (Tex. Ct. App. 1923).

Opinion

HODGES, J.

The appellee as beneficiary filed this suit against the appellant to recover the sum of $246 alleged to be due upon an insurance policy issued to her daughter, Margarette Bee. She also sought a judgment for damages and attorney’s fees. Among other defenses the appellant pleaded that the insured was not in good health either at the time the application for insurance was made or on the date when the policy was issued and delivered. Appellant also pleaded that after the policy had been issued and delivered, and before the death of the insured, it was taken up and canceled by agreement of the parties, and the premiums theretofore paid returned; that the appellee, as beneficiary, executed a written instrument releasing appellant from further liability on the policy.

The court submitted only two issues to the jury; (1) Was the insured in sound health at'the time the policy was issued? (2) Was the release pleaded by the defendant signed by the plaintiff in the suit or by some one acting by her authority? The jury answered the first question in the affirmative and the second in the negative. The court then entered a judgment in favor of the plaintiff for $123, half of the sum sued for, together with damages and $50 as an attorney’s fee. Both parties are here complaining of that judgment. The insurance company complains because it was held liable for any sum, mainly upon the ground that the- evidence conclusively showed that the insured was not in good health at the time the policy was issued and delivered. The appellee complains because she failed to get judgment for the full amount sued for.

The material portions of tb policy sued on are as follows:

“American National Insurance Company, in consideration of the payment in advance of the premium mentioned in the schedule below on or before each Monday during th'e continuance of this contract, doth hereby agree, subject to the agreements and conditions below and on the reverse hereof, each of which is hereby made part of this contract and contracted by the assured to be part hereof as -fully as if herein recited, to pay, immediately upon receipt of due proof of the death of the insured made in the manner, to the extent and upon the blanks required herein, and upon surrender to the home office of this policy and all receipt books, the amount stipulated in said schedule: Provided, however, that no. obligation is assumed by the company prior to the date hereof, nor unless on said date the insured is alive and in sound health.
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Cite This Page — Counsel Stack

Bluebook (online)
256 S.W. 950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-nat-ins-co-v-walker-texapp-1923.