Schulenburg Mut. Life Ins. Ass'n v. Huber

Decision Date30 January 1941
Docket NumberNo. 11161.,11161.
Citation147 S.W.2d 277
PartiesSCHULENBURG MUT. LIFE INS. ASS'N v. HUBER.
CourtTexas Court of Appeals

Appeal from Austin County Court; J. Lee Dittert, Judge.

Action by Hilda Huber against the Schulenburg Mutual Life Insurance Association, to recover, as beneficiary, under a certificate of life insurance issued by the defendant on the life of plaintiff's deceased husband, Sam Huber. From a judgment for plaintiff, the defendant appeals.

Affirmed.

Hollis Massey, of Schulenburg, for appellant.

Dan Hruska, of Bellville, for appellee.

MONTEITH, Chief Justice.

This action was brought by appellee, Hilda Huber, to recover, as beneficiary, under a policy or certificate of life insurance issued by appellant, Schulenburg Mutual Life Insurance Association, a local mutual aid association, on the life of her deceased husband, Sam Huber.

Appellee admitted in her pleadings that the insured was not in good health at the time the application for insurance was made or at the time the certificate was issued by appellant. She prayed for judgment for only one-fourth of the face amount of the certificate of insurance, claiming under a provision thereof which provided that if the death of the insured occurred within 12 months from the date of the certificate and if it resulted from any ailment which existed at the time application therefor was made, the beneficiary would be entitled to receive only one-fourth of the face amount thereof.

Appellant answered by denial of liability under said certificate of insurance. It alleged that insured was afflicted with cancer at the time of application for the certificate, as well as at the time of the issuance and delivery thereof to him, and that by virtue of the provisions of said application and certificate the contract never took effect, but that, on the contrary, it was void and unenforceable.

In a trial before the court judgment was rendered in favor of appellee for the sum of $250.

The certificate of insurance in question was for the face amount of $1,000. It contained the following provisions:

"Paragraph 4: It is mutually agreed and understood that if the death of the insured hereunder results from heart disease, cancer, paralysis, kidney trouble, diabetes, stomach trouble, rheumatism, high blood pressure, tumor, dropsy, Bright's disease, goiter, or any other chronic disease, or complications thereof, or from any ailment which existed at the time the application was made, within twelve (12) months from the date of this certificate, or within the contestable period from the date of any reinstatement, then in such case the beneficiary hereunder shall receive only one-fourth (1/4) of the amount provided in this certificate and the membership of this group shall be assessed, as needed, accordingly."

"Paragraph 15: It is agreed, hereby, that all answers to all questions set forth in the application of the insured, shall in the absence of fraud, be deemed representations and not warranties; and any untrue statement made in the application as to age, health, character, or any other untrue statement that would materially increase the risk assumed, shall cause this certificate to become null and void, and no liability shall exist against this Association. It is also agreed and understood hereby, that if the age of the insured has been misstated, the amount of insurance payable after death shall be such as the assessments paid would have purchased at the correct age."

"Paragraph 16. I have read this certificate and understand the conditions and provisions contained therein. I also warrant and declare that all answers and statements given in my application, for this certificate of insurance, are true and correct; and that on the date this certificate was delivered I was in good health."

"I hereby accept this certificate subject to all conditions and stipulations contained therein."

Said certificate was signed and accepted by the insured on July 12, 1939. He died from the affects of cancer on March 13, 1940, approximately eight months after becoming a member of appellant association.

In answering the questions contained in the application for insurance, the insured stated that he was then in good health and free from any chronic disease or ailment and that he had not suffered from any illness during the five years preceding the date of said application. Appellee, Hilda Huber, testified that her husband was walking on crutches at the time he made application for said insurance. Dr. Neely, insured's personal...

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2 cases
  • Stevenson v. Wilson
    • United States
    • Texas Court of Appeals
    • July 9, 1942
    ...all their pleaded defenses; that is, both on the defense of res adjudicata and on the question of homestead. Schulenburg Mutual Life Ins. Co. v. Huber, Tex.Civ.App., 147 S.W.2d 277; Stein v. Puig, Tex.Civ.App., 159 S.W.2d It is undisputed that plaintiff, in 1932, in the District Court of No......
  • American Bankers Life Ins. Co. v. Pate
    • United States
    • Texas Court of Appeals
    • April 23, 1942
    ...first instance. American Nat. Ins. Co. v. Lawson, 133 Tex. 146, 127 S.W.2d 294. Appellee cites the case of Schulenberg Mutual Life Ins. Ass'n v. Huber, Tex.Civ. App., 147 S.W.2d 277, in support of the judgment. In the cited case the policy provided that if the death of the insured resulted ......

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