National Life Accident Ins. Co. v. Curtin

HARWOOD, Judge.

This is an appeal from a judgment below entered against appellant company in a suit on a non-participating industrial policy of life insurance on the life of Minnie Lee Curtin, wife of the appellee. The policy was issued November 4, 1940, and the insured died on December 28, 1941. Frank Curtin, husband of' the insured, and the appellee in this case was named as beneficiary. The case was tried before the court without a jury.

No plea was filed, but it is apparent from the evidence introduced that the case was tried on the theory that the insured was not in sound health, due to…