Texas Prudential Insurance Company v. Dillard

The application for writ of error in this case and the answer thereto present two questions, as follows: (1) As a matter of law on the evidence was the deceased insured, Clarence Gurthery Dillard, not in good health within the meaning of the life insurance policy in suit when the policy was delivered to him on or about April 15th, 1953, by petitioner, Texas Prudential Insurance Company? (2) if he was not, has the petitioner insurer waived the “good health” provision or its right to invoke it in this suit? We hold that the insured was not in good health and that there was no waiver.

The insured…