Legal Opinion
Lumbermens Mutual Casualty Company v. Dr. Harry Leslie Klotz
Court of Appeals for the Fifth Circuit
Decided March 10, 1958No. 16879_1PublishedCited by 33 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
In this declaratory judgment action by the Insurer with a successful counterclaim by the Assured for damage equivalent to the commuted value of weekly, total disability sickness benefits, the questions for us are: (1) whether the policy was voided by fraudulent misrepresentations of the medical history by the Assured; if not, (2) whether there was an anticipatory breach; and if so, (3) whether this entitled the Assured to recover as damages the present value of the payments for future disability while under the future care of a physician; and finally, (4) whether…
2Cases cited41 opinions
- Pace Corporation v. JacksonTexas Supreme Court · 1955
- Clark v. National Life & Accident InsuranceTexas Supreme Court · 1947
- Pollack v. PollackTexas Commission of Appeals · 1931
- Kilgore v. Northwest Texas Baptist Educational Ass'nTexas Supreme Court · 1896
- Greenwall Theatrical Circuit Co. v. MarkowitzTexas Supreme Court · 1904
36 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- H.M. Stickle, G. Martinez, I.M. Garcia, J.M. Davis, and B.M. Goodstein, and Double Jj Corporation-La Hacienda Mexican Food MacHinery v. Heublein, Inc.Court of Appeals for the Federal Circuit · 1983
- Wolf v. Mutual Benefit Health & Accident AssociationSupreme Court of Kansas · 1961
- Fredonia Broadcasting Corporation, Inc. v. Rca CorporationCourt of Appeals for the Fifth Circuit · 1973
- Mabel Smith Crouch v. Parsons Thomas CrouchCourt of Appeals for the Fifth Circuit · 1978
- Admiral Motor Hotel of Texas, Inc. v. Community Inns of America, Inc.Court of Appeals of Texas · 1965
28 more not listed; retrieve them via the Exa API.