Prudential Insurance Company of America v. Tate

This is a suit for recovery of benefits provided in an insurance policy issued to respondent by petitioner. This policy provided for certain benefits to be paid to respondent in the event he was disabled before reaching the age of 60 years. It was stipulated that respondent was under 60 years of age at the time he claimed he became totally and permanently disabled. Upon answer to special issues in favor of respondent by the trial jury, the trial court granted respondent’s motion for judgment on the verdict for the sum of $2,922.00, due under the terms of the policy, and $350.64 as 12% penalty…