Lincoln Income Life Insurance Company v. Mayberry

This suit was brought on an insurance policy insuring the life of an infant female who died two days after the policy was issued and delivered. A jury found that the child was in sound health on September 1,1958, the date of issue of the policy. The trial court entered judgment for the beneficiary, Mattie P. May-berry, the mother of the child and the respondent here. The Court of Civil Appeals has affirmed. 341 S.W. 2d 199.

The petitioner, Insurance Company, maintains that there is no evidence in the record to support the jury’s finding and with that proposition we agree.

One clause in the…