3 S.W.2d 946 (Tex.Civ.App. 1928), 625, American Nat. Ins. Co. v. Welsh

Docket Nº625.
Citation3 S.W.2d 946
Opinion JudgeBARCUS, J.
Party NameAMERICAN NAT. INS. CO. v. WELSH ET AL.
AttorneyPinkney Grissom and Thompson, Knight, Baker & Harris, all of Dallas, for appellant. Cockrell, McBride, O'Donnell & Hamilton, of Dallas, for appellees.
Case DateFebruary 23, 1928
CourtCourt of Appeals of Texas, Court of Civil Appeals of Texas

Page 946

3 S.W.2d 946 (Tex.Civ.App. 1928)

AMERICAN NAT. INS. CO.

v.

WELSH ET AL.

No. 625.

Court of Civil Appeals of Texas, Waco.

February 23, 1928

Rehearing Denied March 22, 1928.

Appeal from Dallas County Court; Wm. M. Cramer, Judge.

Suit by James Adolph Welsh and others against the American National Insurance Company. Judgment for plaintiffs, and defendant appeals. Affirmed.

Pinkney Grissom and Thompson, Knight, Baker & Harris, all of Dallas, for appellant.

Cockrell, McBride, O'Donnell & Hamilton, of Dallas, for appellees.

BARCUS, J.

On March 24, 1924, appellant issued a policy of insurance on the life of Katherine Welsh for the sum of $500. Among other provisions, it contained the following:

"Provided, however, that no obligation is assumed unless on the date hereof the assured is alive and in sound health."

And the further provisions:

"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 lifetime of the assured."

All premiums were paid to January 25, 1925. The insured, Katherine Welsh, died on August 13, 1924. Proof of death was promptly filed and appellant refused to pay the policy, denying liability thereon, and within ninety days after the death of the insured, which was well within the two-year period from the date of the policy, tendered to the beneficiaries all premiums which had been paid thereon. On May 4, 1926, appellees, as beneficiaries under said policy, brought this suit to recover the face thereof, with the statutory penalty and attorney's fees. On January 22, 1927, appellant filed its original answer and denied liability on the ground that at the time of the issuance of the policy it did not take effect because the insured was not in sound health, for the reason that at said time she was suffering with tuberculosis, being in an advanced stage of said disease, from which she had been suffering for several years and from which she died. The trial court sustained special exceptions and struck out said defense, on the theory that appellant had waived same by having failed to bring a suit within two years after the issuance of the policy to cancel the same, holding, in effect, that under the two-year incontestable clause contained in article 4732 of the Revised Statutes 1925...

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  • 65 P.2d 399 (Wyo. 1937), 2006, Rosenblum v. Sun Life Assur. Co. of Canada
    • United States
    • Wyoming Supreme Court of Wyoming
    • February 23, 1937
    ...of Montana, (Idaho) 154 P. 632; 25 Cyc. 873; Dibble v. Reliance Life Insurance Company, (Cal.) 149 P. 711; American National Co. v. Welsh, 3 S.W.2d 946; Shannon v. Metropolitan Life Ins. Co., 263 N.Y.S. 170; American National Ins. Co. v. Tabor, (Texas) 230 S.W. 396. The contestable clause e......
  • 185 A. 2 (N.H. 1936), Amoskeag Trust Company v. Prudential Insurance Company of America
    • United States
    • New Hampshire Supreme Court of New Hampshire
    • May 5, 1936
    ...v. Buford, 61 Okla. 158, 160 P. 928; Humpston v. Insurance Co., 148 Tenn. 439, 256 S.W. 438; American &c. Ins. Co. v. Welsh (Texas) 3 S.W.2d 946; United &c. Ins. Co. v. Massey, 159 Va. 832, 164 S.E. 529. The full application of the majority rule operates to exclude the defence of fr......
  • 424 S.W.2d 704 (Tex.Civ.App.
    • United States
    • Texas Court of Appeals of Texas Court of Civil Appeals of Texas
    • February 15, 1968
    ...up a ground of original invalidity to defeat recovery. American Nat. Ins. Co. v. Welsh, Tex.Com.App., 22 S.W.2d 1063, Tex.Civ.App., 3 S.W.2d 946; Southern Surety Co. v. Benton, Tex .Com.App., 280 S.W. 551; Humpston v. State Mutual Life Assur. Co., (of Worcester, Mass.,), 148 Tenn. 439, 256 ......
  • 22 S.W.2d 1063 (Tex.Com.App. 1930), 1187-5186, American Nat. Ins. Co. v. Welsh
    • United States
    • Texas Court of Commission of Appeals of Texas
    • January 22, 1930
    ...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. Cockrel......
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8 cases
  • 65 P.2d 399 (Wyo. 1937), 2006, Rosenblum v. Sun Life Assur. Co. of Canada
    • United States
    • Wyoming Supreme Court of Wyoming
    • February 23, 1937
    ...of Montana, (Idaho) 154 P. 632; 25 Cyc. 873; Dibble v. Reliance Life Insurance Company, (Cal.) 149 P. 711; American National Co. v. Welsh, 3 S.W.2d 946; Shannon v. Metropolitan Life Ins. Co., 263 N.Y.S. 170; American National Ins. Co. v. Tabor, (Texas) 230 S.W. 396. The contestable clause e......
  • 185 A. 2 (N.H. 1936), Amoskeag Trust Company v. Prudential Insurance Company of America
    • United States
    • New Hampshire Supreme Court of New Hampshire
    • May 5, 1936
    ...v. Buford, 61 Okla. 158, 160 P. 928; Humpston v. Insurance Co., 148 Tenn. 439, 256 S.W. 438; American &c. Ins. Co. v. Welsh (Texas) 3 S.W.2d 946; United &c. Ins. Co. v. Massey, 159 Va. 832, 164 S.E. 529. The full application of the majority rule operates to exclude the defence of fr......
  • 424 S.W.2d 704 (Tex.Civ.App.
    • United States
    • Texas Court of Appeals of Texas Court of Civil Appeals of Texas
    • February 15, 1968
    ...up a ground of original invalidity to defeat recovery. American Nat. Ins. Co. v. Welsh, Tex.Com.App., 22 S.W.2d 1063, Tex.Civ.App., 3 S.W.2d 946; Southern Surety Co. v. Benton, Tex .Com.App., 280 S.W. 551; Humpston v. State Mutual Life Assur. Co., (of Worcester, Mass.,), 148 Tenn. 439, 256 ......
  • 22 S.W.2d 1063 (Tex.Com.App. 1930), 1187-5186, American Nat. Ins. Co. v. Welsh
    • United States
    • Texas Court of Commission of Appeals of Texas
    • January 22, 1930
    ...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. Cockrel......
  • Request a trial to view additional results