Buchanan v. American National Insurance Company

OPINION

WARD, Justice.

This suit was brought on a non-medical life insurance policy by Etta Marie Buchanan, wife of the insured, Jimmie T. Buchanan, and joined by Banks Funeral Home, assignee of a portion of the policy proceeds. The appellee, American National Insurance Company, by its answer and cross-action, sought rescission and cancellation based on a breach of the “good health” provision of the policy by reason of the insured’s affliction with bronchial asthma, severe obesity, and diabetes melli-tus.

Prior to trial, the appellee filed its admission, pursuant to Rule 266, Texas Rules of…