State Life Ins. Co. of Indianapolis Ind. v. Parks

MARTIN, Justice.

This case is an original one in Texas in its facts, so far as our investigation has disclosed. The queer reasoning and antagonistic views of the courts in other jurisdictions, regarding the controlling issue presented here, together with the importance of the question to insurance companies and their policyholders generally, compels a rather extended discussion of what appears to us to be a simple and easily solved legal question.

Appellee sued appellant on Januafy 25, 1934, for monthly disability benefits, aggregating $1,125, together with penalty and attorney’s fees. These…