Universal Life & Accident Insurance Co. v. Fields

Plaintiff Universal Insurance Company filed this suit in the County Court of Galveston County to rescind an insurance policy in the amount of $500 issued to Emma Taylor. The defendant Fields was as-signee of the policy proceeds. Although the insured was deceased at the time of Universal’s suit, there was no cross-action for payment of the policy filed by either the beneficiary or Fields.

The trial court overruled defendant’s plea to the jurisdiction and instructed a verdict *723for Universal, based on uncontroverted evidence that Mrs. Taylor had misrepresented herself to have been free from…