Ervin v. Gerber Life Insurance Co.

DIES, Chief Justice.

Plaintiff below, Hurshel J. Ervin, filed suit against Gerber Life Insurance Company, defendant below, on three policies of insurance. Each policy provided monthly payments during hospitalization. Plaintiff alleged that as a result of an automobile accident on December 28, 1973, he was hospitalized on three separate occasions, and that defendant failed to pay all it was obligated to pay under the policies. Plaintiff also sued for treble damages and attorney’s fees under the Texas Deceptive Trade Practices — Consumer Protection Act [Tex.Bus. & Comm. Code Ann. § 17.41 et seq.…