Texas Prudential Insurance Company v. Dillard

I respectfully dissent.

The majority recognize that the judgments of the trial court and the Court of Civil Appeals may be reversed only if the record before us shows, as a matter of law, that the insured was not in “good health” within the meaning of the policy of insurance on April 15, 1953. In answer to the only special issue pertinent to our review the jury found he was in good health on that date. In submitting the issue to the jury the trial court defined “good health” as follows: “The term ‘Good Health,’ as used in this charge, does not mean absolute perfection. It means that a person…