Texas Supreme Court

Ira Coxson v. Atlanta Life Insurance Company

April 19, 1944142 Tex. 544

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and affirmed the trial court's judgment for the plaintiff, holding that the evidence created a genuine issue of fact on the insured's health, that ex parte statements in the proof of death are not conclusive, and that the appellate court erred in refusing a jury instruction for the insurer.