159 S.W.2d 202 (Tex.Civ.App. 1942), 11088, Trevino v. American Nat. Ins. Co.

Docket Nº11088.
Citation159 S.W.2d 202
Opinion JudgeMURRAY, Justice.
Party NameTREVINO v. AMERICAN NAT. INS. CO.
AttorneyGuy Cater and Walter Hein, both of San Antonio, for appellant. Maxwell Burkett, of San Antonio, for appellee.
Case DateFebruary 04, 1942
CourtCourt of Appeals of Texas, Court of Civil Appeals of Texas

Page 202

159 S.W.2d 202 (Tex.Civ.App. 1942)

TREVINO

v.

AMERICAN NAT. INS. CO.

No. 11088.

Court of Civil Appeals of Texas, San Antonio.

February 4, 1942

Rehearing Denied March 4, 1942.

Appeal from District Court, Seventy-Third District, Bexar County; John F. Onion, Judge.

Action on life policy by Anita Trevino against the American National Insurance Company. From judgment for defendant, plaintiff appeals.

Affirmed.

Guy Cater and Walter Hein, both of San Antonio, for appellant.

Maxwell Burkett, of San Antonio, for appellee.

MURRAY, Justice.

This is a suit on a life insurance policy brought by appellant, Anita Trevino, against appellee, American National Insurance Company, the insurer.

The case was tried to a jury. Three special issues was submitted to the jury, but only two answered; however, the verdict was received by the court and judgment rendered for the defendant Insurance Company.

The insurance policy was issued on March 21, 1938, upon the life of Alfonso Urrea. Urrea died on April 28, 1938. This suit was instituted on July 29, 1938, and appellee answered by general demurrer and general denial on August 15, 1938. The case was called on February 17, 1941, at which time appellant was permitted to change the alleged date of the issuance of the policy from May 3, 1938, to March 21, 1938. Until this interlineation was made the petition alleged an impossible date, as it showed the policy issued after the death of the insured. After the interlineation, appellee filed an amended motion affirmatively setting up the defense that the policy was not in effect at the date of insured's death, because insured was not in good health at the time the policy was delivered. In other words, the general demurrer and general denial were filed within two years after the policy was issued, but the amended answer was filed after the two year period. The policy contained a provision to the effect 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." And the policy further

Page 203

provided that the policy was incontestable after two years...

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1 practice notes
  • 168 S.W.2d 656 (Tex.Com.App. 1943), 1923-7982, Trevino v. American Nat. Ins. Co.
    • United States
    • Texas Court of Commission of Appeals of Texas
    • February 3, 1943
    ...in favor of the defendant, the plaintiff appealed to the Court of Civil Appeals. To review a judgment of the Court of Civil Appeals, 159 S.W.2d 202, affirming the trial court's judgment, the plaintiff brings Judgments of the trial court and Court of Civil Appeals reversed, and judgment rend......
1 cases
  • 168 S.W.2d 656 (Tex.Com.App. 1943), 1923-7982, Trevino v. American Nat. Ins. Co.
    • United States
    • Texas Court of Commission of Appeals of Texas
    • February 3, 1943
    ...in favor of the defendant, the plaintiff appealed to the Court of Civil Appeals. To review a judgment of the Court of Civil Appeals, 159 S.W.2d 202, affirming the trial court's judgment, the plaintiff brings Judgments of the trial court and Court of Civil Appeals reversed, and judgment rend......