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First Tex. Prudential Co. v. Pedigo

31 S.W.2d 854 (Tex. Civ. App. 1930)
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First Tex. Prudential Co. v. Pedigo

3 Citing cases

  1. Wise v. Mutual Life Ins. Co. of New York

    714 F. Supp. 822 (E.D. Tex. 1989)   Cited 2 times

    According to the Texas courts, the timely delivery of a copy of the application for a life insurance policy was not necessary to a defense of misrepresentation, assuming the life insurance policy had the requisite clause and the premiums had been duly paid. Compare First Texas Prudential Insurance Co. v. Pedigo, 50 S.W. 1091 (Tex.Comm.App. 1932, hld'g approved) with First Texas Prudential Insurance Co. v. Pedico, 31 S.W.2d 854 (Tex.Civ.App.-Waco 1930), rev'd, 50 S.W. 1091 (Tex.Comm.App. 1932, hld'g approved) (Supreme Court summarily rejected appellate court's decision to consider Art. 5049, R.S. 1925 applicable to life insurance policies). Amended again in 1951, Art. 21.35 acquired its present form after being modified in two respects.

  2. Bryant v. Standard Life and Accident Ins. Co.

    348 F.2d 649 (5th Cir. 1965)   Cited 3 times
    In Bryant, this court declared that the clause, "while health, habits and occupation of the Proposed Insured remain as described in this application," operated as a good health provision — and thus a condition precedent.

    See also Jefferson Standard Life Ins. Co. v. Baker, Tex.Civ.App., 1924, 260 S.W. 223; Scott v. National Bankers Life Ins. Co., Tex. Civ.App., 1952, 253 S.W.2d 485. Illinois Bankers Life Assn. of Monmouth, Ill. v. Talley, 5 Cir., 1934, 68 F.2d 4; Smith v. Rio Grande Natl. Life Ins. Co., Tex.Civ.App., error ref'd, 1950, 227 S.W.2d 579; The Praetorian v. Thompson, Tex.Civ.App., 1935, 79 S.W.2d 886; First Tex. Prudential Ins. Co. v. Pedigo, Tex.Civ.App., 1930, 31 S.W.2d 854, reversed on other grounds, Comm.App., 1932, 50 S.W.2d 1091; National Livestock Ins. Co. v. Gomillion, Tex.Civ.App., 1915, 178 S.W. 1050, rehearing denied, 179 S.W. 671, error refused. Since the application upon which the policies were issued was not under Par. (1) [a], the Insurer cannot look to the good health clause in that paragraph.

  3. Illinois Bankers' Life Ass'n v. Talley

    68 F.2d 4 (5th Cir. 1934)   Cited 4 times

    As the by-laws were not incorporated in the policies except by reference, they formed no part of the contract. International Travelers' Ass'n v. Francis, 119 Tex. 1, 23 S.W.2d 282; Mass. Bonding Ins. Co. v. Richardson (Tex.Civ.App.) 27 S.W.2d 921; First Texas Prudential Ins. Co. v. Pedigo (Tex.Civ.App.) 31 S.W.2d 854. Proof of death was offered within the 90 days allowed by the by-laws and liability was denied. It is elementary that denial of liability waives proof of death on a policy of life insurance.