Legal Opinion

American Nat. Ins. Co. v. Hollingsworth

Court of Appeals of Texas

Decided October 11, 1916No. 5663PublishedCited by 4 opinions

Appeal from McLennan County Court; Geo. N. Denton, Judge. Action by Mary L. Hollingsworth against the American National Insurance Company. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtRice, J.

Prior to his death in February, 1914, Evans Hollingsworth took out two policies of insurance with appellant, each of which was payable to his wife, Mary L. Hollingsworth. One of these was a sick benefit policy, and the other a “whole life policy.” After his death, payment not being made, appellee brought this suit against appellant to recover thereon, as well as for the statutory 12 per cent, damages and attorney’s fees. Appellant pleaded payment, and denied the right on the part of appellee to recover penalty and attorney’s fees, on the ground that no statutory demand had been made for the…

2Cases cited2 opinions

  1. Mutual Life Insurance Co. v. FordTexas Supreme Court · 1910
  2. Sabine & East Texas Railway Co. v. CruseTexas Supreme Court · 1892

3Cited by4 opinions

  1. Washington Fidelity Nat. Ins. Co. v. WilliamsTexas Commission of Appeals · 1932
  2. First Texas Prudential Ins. Co. v. LongTexas Commission of Appeals · 1932
  3. Kentz v. KentzCourt of Appeals of Texas · 1919
  4. American Nat. Ins. Co. v. WallaceCourt of Appeals of Texas · 1917

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