Republic Bankers Life Insurance Company v. McCool

MOORE, Justice.

This is a venue case.

Plaintiffs, Burke A. McCool and wife, Willie McCool, sued defendant, Republic Bankers Life Insurance Company, for benefits alleged to be due under a policy of hospitalization insurance issued by the defendant.

The defendant insurance company filed a plea of privilege in statutory form to be sued in Dallas County, the county of its residence.

Plaintiffs replied with a controverting affidavit. Omitting formal parts, it reads as follows:

“Burke A. McCool and wife, Willie McCool, plaintiffs in the above entitled and numbered cause, respectfully make and file this…