Garcia v. John Hancock Variable Life Insurance Co.

ON APPELLEE’S MOTION FOR REHEARING

BIERY, Justice.

John Hancock’s motion for rehearing invites this court to reexamine its disposition of this summary judgment proceeding in light of John Hancock Mut. Life Ins. Co. v. Esparza, 286 S.W.2d 695 (Tex.Civ.App.—San Antonio 1955, writ ref’d n.r.e.). In *435Esparza, the insured permitted his insurance to lapse for non-payment of a premium, and thereafter, the insurer submitted to him an application for reinstatement. Id. at 696. When filling out the form, the insured stated: (1) he was in sound health, (2) during the period of his default in paying the…