Pacific Mutual Life Insurance Co. of California v. Thurman

Mr. Judge TAYLOR

delivered the opinion of the Commission of Appeals, Section B.

Defendant in error, Merritt B. Thurman, Jr., sued the Pacific Mutual Life Insurance Company of California,' plaintiff in error, on a $2,000.00 life insurance policy, and upon trial before the court without a jury, recovered judgment against the Company. The Court of Civil Appeals affirmed the judgment. 55 S. W. (2d) 1079.

The policy sued on was issued on the life of Merritt B. Thurman, Sr., October 1, 1924. The insured died September 27, 1929. The Company’s position is that the policy had lapsed prior to that time…