American Standard Life Ins. Co. v. Denwitty

On Motion for Rehearing.

DIXON, Chief Justice.

In this motion appellees say “There is no decision holding that it was necessary that Martha have knowledge or relied upon the course of dealing by the company with other policyholders. It would be impossible to have a waiver or estoppel in favor of any one policyholder unless proof should be made of such a course of dealing with other policyholders-. The Court is clearly wrong in its holding as above stated.”

A sufficient answer to this argument is found in Southland Life Ins. Co. v. Lawson, 137 Tex. 399, 153 S.W.2d 953, 957, 136 A.L.R. 1212: “In…