22 S.W.2d 1063 (Tex.Com.App. 1930), 1187-5186, American Nat. Ins. Co. v. Welsh

Docket Nº1187-5186
Citation22 S.W.2d 1063
Opinion JudgeHARVEY, P.J. CURETON, C.J.
Party NameAmerican Nat. Ins. Co. v. Welsh et al.
AttorneySuit by James Adolph Welsh and others against the American National Insurance Company. Judgment for plaintiffs was affirmed by the Court of Civil Appeals [3 S.W.2d 946], and defendant brings error. Affirmed. Thompson, Knight, Baker & Harris and Pinkney Grissom, all of Dallas, for plaintiff in err...
Case DateJanuary 22, 1930
CourtCourt of Commission of Appeals of Texas

Page 1063

22 S.W.2d 1063 (Tex.Com.App. 1930)

American Nat. Ins. Co.

v.

Welsh et al.

No. 1187-5186

Court of Commission of Appeals of Texas, Section A.

January 22, 1930

Error to Court of Civil Appeals of Tenth Supreme Judicial District.

Suit by James Adolph Welsh and others against the American National Insurance Company. Judgment for plaintiffs was affirmed by the Court of Civil Appeals [3 S.W.2d 946], and defendant brings error. Affirmed.

Thompson, Knight, Baker & Harris and Pinkney Grissom, all of Dallas, for plaintiff in error.

Cockrell, McBride, O'Donnell & Hamilton, and J. L. Lipscomb, all of Dallas, for defendants in error.

HARVEY, P.J.

On March 24, 1924, the plaintiff in error, the American National Insurance Company, a Texas corporation, issued a policy of insurance on the life of Katherine Welsh. The policy contained the following provision: "Provided, however, that no obligation is assumed unless on the date hereof the assured is alive and in sound health." Also the following provision: "Subject to correction of age as above provided, and provided premiums have been duly paid, this policy shall be incontestable for the amount due after having been in force two years during the life time of the assured."

All premiums were duly paid to January 25, 1925. The insured, Katherine Welsh, died on August 13, 1924. Proof of death was promptly made, and the insurance company refused payment of the policy, and, within 90 days after the death of the insured, tendered to the beneficiaries all premiums that had been paid, and gave notice of recission on account of the insured's misrepresentation in the respect hereinafter mentioned. On May 4, 1926, the defendants in error, as beneficiaries under the policy, brought this suit to recover the amount of the policy, with statutory penalty and attorney's fees. On January 22, 1927, the insurance company filed its amended answer, in which, for the first time in the suit, it set up two distinct defenses, based upon the following grounds: First, that the insured was not in sound health on the date of the policy, consequently, in virtue of the first quoted clause of the policy, no effective contract of insurance was consummated; and, second, that the insured had fraudulently stated, in her application for insurance, that she did not then have tuberculosis and had never been affected with this disease, whereas in truth and in fact she had said disease at the time, had been affected with it for a long time, and said disease eventually

Page 1064

caused death. Exceptions urged by the defendants in error were sustained, and the part of the amended answer setting up the above defenses was stricken out by the...

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21 practice notes
  • 881 S.W.2d 279 (Tex. 1994), D-3589, Fredonia State Bank v. General American Life Ins. Co.
    • United States
    • Texas Supreme Court of Texas
    • 2 Giugno 1994
    ...31, 1909." Pedigo, 50 S.W.2d at 1092. Pedigo, in turn, relied on the holding in American National Insurance Company v. Welsh, 22 S.W.2d 1063 (Tex.Comm'n App.1930, judgm't adopted), which attempted to reconcile insurance statutes enacted in 1903 and 1909 and re-enacted in the Texas Revi......
  • 77 S.W.2d 761 (Tex.Civ.App. 1934), 3149, Terry v. Texas Prudential Ins. Co.
    • United States
    • Texas Court of Appeals of Texas Court of Civil Appeals of Texas
    • 20 Dicembre 1934
    ...upon a life insurance policy. After calling attention to a previous ruling ( American National Ins. Co. v. Welsh (Tex. Com. App.) 22 S.W.2d 1063) that article 5049, R. S., does not apply to life policies issued after December 31, 1909, the court, in construing articles 5050 and 4732, R. S.,......
  • 176 So. 875 (Fla. 1937), Prudential Ins. Co. of America v. Prescott
    • United States
    • Florida Supreme Court of Florida
    • 6 Novembre 1937
    ...Humpston v. State Mut. Life Assur. Co., 148 Tenn. 439, 256 S.W. 438, 31 A.L.R. 78; American Natl. Ins. Co. v. Welsh (Tex.Com.App.1930) 22 S.W.2d 1063; Tracy Loan & T. Co. v. Mutual Life Ins. Co. (1932) 79 Utah 33, 7 P.2d 279. As pointed out by the New York court, the courts, in reaching......
  • 109 S.W.2d 866 (Mo. 1937), Miller v. Ralston Purina Co.
    • United States
    • Missouri Supreme Court of Missouri
    • 10 Novembre 1937
    ...the decedent herein suffered such an accidental injury. Leilich v. Chevrolet Motor Co., 40 S.W.2d 601; Jackson v. Euclid Pine Inv. Co., 22 S.W.2d 1063; Powell v. Ford Motor Co., 78 S.W.2d 572; Meyer v. Orek Coal Co., 82 S.W.2d 924; Hartford Acc. & Indem. Co. v. Hay, 17 S.W.2d 904. Bradl......
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21 cases
  • 881 S.W.2d 279 (Tex. 1994), D-3589, Fredonia State Bank v. General American Life Ins. Co.
    • United States
    • Texas Supreme Court of Texas
    • 2 Giugno 1994
    ...31, 1909." Pedigo, 50 S.W.2d at 1092. Pedigo, in turn, relied on the holding in American National Insurance Company v. Welsh, 22 S.W.2d 1063 (Tex.Comm'n App.1930, judgm't adopted), which attempted to reconcile insurance statutes enacted in 1903 and 1909 and re-enacted in the Texas Revi......
  • 77 S.W.2d 761 (Tex.Civ.App. 1934), 3149, Terry v. Texas Prudential Ins. Co.
    • United States
    • Texas Court of Appeals of Texas Court of Civil Appeals of Texas
    • 20 Dicembre 1934
    ...upon a life insurance policy. After calling attention to a previous ruling ( American National Ins. Co. v. Welsh (Tex. Com. App.) 22 S.W.2d 1063) that article 5049, R. S., does not apply to life policies issued after December 31, 1909, the court, in construing articles 5050 and 4732, R. S.,......
  • 176 So. 875 (Fla. 1937), Prudential Ins. Co. of America v. Prescott
    • United States
    • Florida Supreme Court of Florida
    • 6 Novembre 1937
    ...Humpston v. State Mut. Life Assur. Co., 148 Tenn. 439, 256 S.W. 438, 31 A.L.R. 78; American Natl. Ins. Co. v. Welsh (Tex.Com.App.1930) 22 S.W.2d 1063; Tracy Loan & T. Co. v. Mutual Life Ins. Co. (1932) 79 Utah 33, 7 P.2d 279. As pointed out by the New York court, the courts, in reaching......
  • 109 S.W.2d 866 (Mo. 1937), Miller v. Ralston Purina Co.
    • United States
    • Missouri Supreme Court of Missouri
    • 10 Novembre 1937
    ...the decedent herein suffered such an accidental injury. Leilich v. Chevrolet Motor Co., 40 S.W.2d 601; Jackson v. Euclid Pine Inv. Co., 22 S.W.2d 1063; Powell v. Ford Motor Co., 78 S.W.2d 572; Meyer v. Orek Coal Co., 82 S.W.2d 924; Hartford Acc. & Indem. Co. v. Hay, 17 S.W.2d 904. Bradl......
  • Request a trial to view additional results