Vela v. Southland Life Ins. Co.

The trial court correctly rendered judgment for defendant, regardless of jury findings because the material facts of this record are largely undisputed and conclusively demonstrate that no policy of insurance had ever issued on the life of plaintiff’s husband or was in force at time of his death. These are the facts, stated in chronological order:

On September 12, 1942, Aurelio Vela made application to Southland Life Insurance Company through W. L. Scheig, a soliciting agent of the company at Robs-town, Texas, for an ordinary life policy in amount of $5,000, to be issued on payment of…