Trinity Reserve Life Ins. Co. v. Hicks

On Rehearing.

On rehearing appellant calls our attention to the wording of art. 21.16 Insurance Code, which provides that misrepresentations in an insurance application shall not be a defense in a suit on the policy unless “the matter or thing misrepresented was material to the risk or actually contributed to the contingency or event on which said policy became due and payable * * (Emphasis supplied.)

Appellant contends that the use of the disjunctive word “or” shows that it was intended that the insurer might obtain cancellation of the policy by proving either (1) that the misrepresentations…