Hefner v. Fidelity & Casualty Co.
Texas Supreme Court
Question certified from the Court of Civil Appeals for the Eighth District, -in an appeal from Reeves County. Hefner sued the Fidelity & Casualty Co. on a policy of accident insurance, and appealed from a judgment for defendant in accordance with a verdict directed by the court.
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Question certified from the Court of Civil Appeals for the Eighth District, -in an appeal from Reeves County. Hefner sued the Fidelity & Casualty Co. on a policy of accident insurance, and appealed from a judgment for defendant in accordance with a verdict directed by the court. The judgment was affirmed on opinions by Harper, C. J., and on motion for rehearing by Higgins, J. McKenzie, J., filed a dissenting opinion on the motion for rehearing, whereupon the point involved, the correctness of the peremptory instruction given below, was certified to the Supreme Court. The three opinions (160…
1Opinion of the Court
Appellant filed this suit March 23, 1912, to recover on accident insurance policy for total disability not exceeding 200 weeks at $25 per week as an attorney at law, alleging that the accident happened about August 20, 1909.
The defendant answering pleaded that the policy upon which plaintiff sought to recover provided first that written notice should be given to the company as soon as might be possible, together with full particulars; . . . that this provision was a condition precedent to the right of recovery. That at least six months had elapsed after the alleged accident before notice was…
2Cited by35 opinions
- Provident Life & Accident Insurance Co. v. KnottTexas Supreme Court · 2003
- New Amsterdam Casualty Co. v. HamblenTexas Supreme Court · 1945
- Great Southern Life Ins. Co. v. JohnsonTexas Commission of Appeals · 1930
- Dunn v. Travelers Indemnity Co.Court of Appeals for the Fifth Circuit · 1941
- Kemper v. Police & Firemen's Ins. Ass'nTexas Commission of Appeals · 1932
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