National Life Assur. Co. of Tex. v. Neves, 3821

Decision Date26 July 1963
Docket NumberNo. 3821,3821
Citation370 S.W.2d 144
PartiesNATIONAL LIFE ASSURANCE COMPANY OF TEXAS, Appellant, v. Ola Lee NEVES et al., Appellees.
CourtTexas Court of Appeals

Harless & Bailey, Dallas, for appellant.

Bryant, Glenn & Thomas, Abilene, for appellees.

WALTER, Justice.

Ola Lee Neves and her husband recovered a judgment against National Life Assurance Company of Texas for $650.00, penalty and attorneys' fees, for weekly indemnity benefits. The insurance company has appealed contending the court erred in overruling its motion for judgment non obstante veredicto because the record conclusively establishes the sickness upon which Mrs. Neves bases her claim for disability benefits had its beginning prior to the effective date of the policy and that Mrs. Neves knowingly made false representations in her application for insurance about the condition of her health.

The insurance company answered appellees' petition with a general denial and an allegation that the sickness upon which Mrs. Neves' claim is asserted originated prior to the effective date of the policy. It also pleaded that she made false representations in her application which were material to the risk involved. It tendered into court $88.50, the full amount of all premiums and charges made and elected to cancel its policy.

The insurance company admitted that Weldon Marshall was its agent on the 20th day of August, 1961, and that on such date the insurance company issued to the appellees the policy sued upon and that Mrs. Neves was suffering from cornary insufficiency.

Mrs. Neves testified that she was acquainted with Weldon Marshall. He called at her beauty shop for the purpose of selling her some insurance. The first time he called she was busy. He later called on her at her home. Her husband and her son were present. When Mr. Marshall started asking her questions, she informed him that she had a report from her doctor and requested him to read it. This report is dated August 1, 1960, and addressed to Legal Security Life Insurance Company, Dallas, Texas, and signed by her doctor, Dr. E. J. Hawkins. The letter stated that Mrs. Neves has been treated in November, 1950, for laryngitis; December, 1952, for the flu; April, 1952, for allergic rash; March, 1953, for sore throat; August, 1953, for virus pneumonia; March, 1955, for cold and cough; October, 1956, for bronchitis and sinus; November, 1957, for flu; March, 1958, for angina secondary to anemia; June, 1958, for hemorrhoids; May, 1959, for virus pneumonities; January, 1960, for poor circulation; February, 1960, for dizzy spells; and May, 1960, for the flu. The letter was introduced in evidence and sent up in its original form. Some other dates are given and some other ailments are listed, but they are not legible. Marshall read this letter and informed her 'Mrs. Neves, I don't see any reason why you shouldn't be covered.' Marshall filled out her application. She signed it and wrote him a check for the initial premium. The first illness she had, after the policy was written, was on the 15th day of October, 1961, at her home while she was in bed about 11:00 o'clock at night. She woke up with a severe pain in her chest and stomach. She thought she had indigestion. She took some Rol-Aids which did not relieve her and her husband called the doctor. She saw Dr. Willingham at Cox Clinic that night. She stayed in the hospital three days on this occasion. She left the hospital and continued to see her doctor every ten days until she became extremely ill on February 4, 1962. Dr. Willingham informed...

To continue reading

Request your trial
7 cases
  • Allen v. American Nat. Ins. Co.
    • United States
    • Texas Supreme Court
    • June 3, 1964
    ...stating that the trial court's judgment was apparently based upon the erroneously submitted issues relating to estoppel and waiver. (370 S.W.2d 144). That Court also, in effect, held that the insurance company had sustained its defense of fraudulent representations and that except 'for anot......
  • Ware v. Crystal City Independent School District, 15147
    • United States
    • Texas Court of Appeals
    • December 13, 1972
    ...of the facts relied upon to sustain the suit. Gunnells Sand Company v. Wilhite, supra; National Life Assurance Company of Texas v. Neves, 370 S.W.2d 144 (Tex.Civ.App.--Eastland 1963, writ ref'd n.r.e.). The trial court did not abuse its discretion in sustaining appellee's special exceptions......
  • Legal Sec. Life Ins. Co. v. Erwin, 7516
    • United States
    • Texas Court of Appeals
    • October 22, 1963
    ...249-254, Secs. 145, 146, 147; Bankers Life Ins. Co. of De Moines, Iowa v. Sone, 5 Cir., 86 F.2d 780; National Life Assurance Co. of Texas v. Neves, (Tex.Civ.App.) 370 S.W.2d 144; Appellant's points 1 through 10 are Appellant did not raise its points of error 11 and 12 in its amended motion ......
  • Jefferson Amusement Co. v. Lincoln National Life Ins. Co.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • July 30, 1969
    ...power to waive, change or alter any of the terms and conditions of the application or policy." However, National Life Assurance Co. of Tex. v. Neves, 370 S.W.2d 144 (Tex. Civ.App.1963), has held that a soliciting agent's knowledge of an applicant's knowledge of a prior illness is imputed to......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT