Great American Reserve Insurance Company, Petitioner v. Kathleen E. Britton, Respondent

Summary

The Texas Supreme Court held that Great American Reserve Insurance failed to meet its burden of proving the insured was not in good health at the time the policy was delivered, affirming the jury's verdict awarding the policy proceeds and statutory penalty, but reversed the $4,000 attorney‑fees award and remanded for a new trial on that issue. The Court explained that a "good health" determination requires proof of a substantial disease and that attorney‑fee awards require a showing of reasonableness, which was absent. Justice Norvell dissented, arguing that angina pectoris is common knowledge of not being in good health and that the fee award should stand.