Union Mutual Life Insurance Co. v. Meyer

REAVLEY, Justice.

This is a suit for recovery of benefit for accidental death under a group insurance policy. The controversy in the jury trial was whether the death of Eli Landman was due to an accidental cause within the terms of the policy. Judgment was entered for the insurer by the trial court, but a new trial was ordered by the Court of Civil Appeals because of conflict between the findings of the jury. 483 S.W.2d 7. We agree with the Court of Civil Appeals.

The insured suffered from pulmonary emphysema and congestive heart failure, for which he had been hospitalized three months prior to…