American Nat. Ins. Co. v. Mays

(after stating the case as above).

The major question presented is whether notice to appellant’s soliciting agent of facts material to the risk will be imputed to appellant so as to operate as a waiver and estoppel against appellant, barring it from asserting the defensive matter specially pleaded.

Upon this question appellant admits its insistence that such notice is not so imputable contrary to the rulings of this court in Terry v. Texas Prudential Ins. Co. (Tex.Civ.App.) 77 S.W.(2d) 761, and Provident L. & A. Ins. Co. v. Flowers (Tex.Civ.App.) 91 S.W.(2d) 847.

In the cases cited the question…