Mutual Life Insurance Co. v. Ford
Texas Supreme Court
Error to the Court of Civil Appeals, Third District, on error from Hays County. Mrs. Ford sued and recovered against the insurance company the amount of an insurance policy on her husband’s life, together with statutory damages and attorney’s fees for refusal to pay on demand. On appeal by defendant the recovery of the amount of the policy was affirmed, but plaintiff was denied recovery of the penalty and attorney’s fees.
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Error to the Court of Civil Appeals, Third District, on error from Hays County. Mrs. Ford sued and recovered against the insurance company the amount of an insurance policy on her husband’s life, together with statutory damages and attorney’s fees for refusal to pay on demand. On appeal by defendant the recovery of the amount of the policy was affirmed, but plaintiff was denied recovery of the penalty and attorney’s fees. Thereupon appellant and appellee each applied for writ of error, both applications being denied. Chief Justice Gaines and Associate Justice Brown being disqualified, Edward…
1Opinion of the CourtChief Justice Harris
Mrs. Mary C. Ford sued the Mutual Life Insurance Company in the District Court of Hays County upon a life insurance policy of the defendant company issued October 15, 1906, upon the life of the plaintiff’s husband, Owen Ford, who died from a pistol wound at San Marcos, Texas, on the seventh day of December, 1906. Ford stated in his application for the insurance: “I am insured in other companies and associations as follows: $5000 Equitable of Few York and in no others.” He warranted this statement to be true. The application was made on the regular printed form used by the company and…
2Cases cited4 opinions
- Brown v. Palatine Insurance Co.Texas Supreme Court · 1896
- Northwestern Life Assurance Co. v. SturdivantCourt of Appeals of Texas · 1900
- Penn Mutual Life Insurance v. ManerTexas Supreme Court · 1908
- Security Trust & Life Insurance v. HallumCourt of Appeals of Texas · 1903
3Cited by43 opinions
- Great American Reserve Insurance Co. v. BrittonTexas Supreme Court · 1966
- State Farm Life Insurance Co. v. MartinezTexas Supreme Court · 2007
- Washington Fidelity Nat. Ins. Co. v. WilliamsTexas Commission of Appeals · 1932
- Metropolitan Life Insurance v. WannTexas Supreme Court · 1937
- Mutual Life Insurance Co. v. FordCourt of Appeals of Texas · 1910
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