Old National Insurance Company v. Johnson

GRAY, Justice.

Appellee sued appellant to recover benefits under a policy of health and accident insurance issued by appellant to appellee. He also sued for the statutory penalty and a reasonable attorneys’ fee under Art. 3.62, Texas Insurance Code, V.A.T.S.

The policy of insurance was issued October 28, 1952, and by its terms there was a premium due April 28, 1956, with a grace period of fifteen days. This premium was not so paid, however, on June 4, 1956, the policy was reinstated. It contained the following provisions:

“3. If default be made in the payment of the agreed premium for this…