Mayes v. Massachusetts Mutual Life Insurance

BARROW, Justice.

Massachusetts Mutual Life Insurance Company brought this suit to rescind three policies of insurance on the life of Albert W. Mayes, deceased, because Mayes did not disclose to the insurer that certain answers in his applications which were correct when made had become false by the time the policies were delivered. Petitioner, who was the named beneficiary in the policies, counterclaimed for the proceeds of the policies together with penalty, interest and attorney’s fees. The trial court rendered judgment for petitioner on the jury verdict. The court of civil appeals reversed…