Legal Opinion
Perry v. Bankers Life & Casualty Co.
Court of Appeals of Texas
Decided October 26, 1962No. 16357PublishedCited by 4 opinions
1Opinion of the Court
BOYD, Justice.
Zella Rose Perry and her husband, L. W. Perry, appeal from an adverse summary judgment in their suit on an insurance policy on the life of Cora Lee Cox. Mrs. Perry being the beneficiary.
The question presented is whether fraud in an application for reinstatement of a lapsed policy may be urged as a defense after the expiration of the contestable period.
The policy was issued on May 6, 1959. It lapsed for nonpayment of premiums on July 6, 1959, and was reinstated on September 14, 1959, on the basis of a reinstatement application executed by the insured on September 3, 1959. The…
2Cases cited11 opinions
- Massachusetts Benefit Life Ass'n v. RobinsonSupreme Court of Georgia · 1898
- Goodwin v. Provident Savings Life Assurance Ass'nSupreme Court of Iowa · 1896
- Mutual Life Ins. Co. of New York v. LovejoySupreme Court of Alabama · 1917
- Monahan v. Fidelity Mutual Life InsuranceIllinois Supreme Court · 1909
- State Mut. Life Ins. Co. v. RosenberryTexas Commission of Appeals · 1919
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Elvia Cardenas v. United of Omaha Life Ins Co.Court of Appeals for the Fifth Circuit · 2013
- Universal Life & Accident Insurance Co. v. MurphyCourt of Appeals of Texas · 1963
- Mutual of Omaha Life Insurance Company v. Johnny Costello, Texas Court of Appeals, 14th District (Houston)2014
- Elvia Cardenas v. United of Omaha Life Ins Co.Court of Appeals for the Fifth Circuit · 2013