Texas Supreme Court
C. J. Clark v. National Life & Accident Insurance Company
March 19, 1947145 Tex. 575
Summary
The Texas Supreme Court reversed the Court of Civil Appeals and affirmed the trial court judgment awarding the policy's face value to the beneficiary. The Court held that the insurer waived its right to assert fraud by failing to submit the issue to a jury, and that fraud must be proven by clear, willful misrepresentation, which the insurer did not establish.