Legal Opinion · Dissent

Pan American Life Insurance Co. v. Youngblood

Court of Appeals of Texas

Decided July 27, 1978No. 1129Published

1DissentMcKAY, Justice

I respectfully dissent.

The majority opinion does not rule on the question of the admissibility of the entire death certificate — including the statement of the cause of death, but, instead holds that if it was improper to exclude the cause of death statement on the certificate it was harmless error. Article 4477, Rule 54a, Tex.Rev.Civ.Stat.Ann., provides that when a death certificate is properly certified “it shall be prima facie evidence in all courts and places of the facts therein stated.” The death certificate in this case was properly certified by the Bureau of Vital Statistics, and was…

2Cases cited7 opinions

  1. Southland Life Ins. Co. v. BrownCourt of Appeals of Texas · 1938
  2. Burrous v. KnottsCourt of Appeals of Texas · 1972
  3. American Nat. Ins. Co. v. ValenciaCourt of Appeals of Texas · 1936
  4. Buchanan v. American National Insurance CompanyCourt of Appeals of Texas · 1969
  5. Universal Life & Accident Ins. Co. v. BarronCourt of Appeals of Texas · 1954

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