Industrial Life v. First Nat. Bank

4 Citing cases

  1. State Reserve Life v. Ives

    535 S.W.2d 400 (Tex. Civ. App. 1976)   Cited 6 times

    In order to establish its defense factually in this case the defendant was required to have obtained a favorable jury answer to each of the following elements of its defense: (1) that the statements made by the applicant were false; (2) that the applicant knew the statements to be false; (3) that the false statements by the applicant were made willfully and with the intention of inducing the insurer to issue the policy; (4) the statements must have been material; (5) the statements must have been relied on by the insurer. Industrial Life Ins. Co. v. First Nat. Bank of Perryton, 449 S.W.2d 129 (Tex.Civ.App., Tyler, 1969, no writ hist.); Pioneer American Insurance Company v. Meeker, 300 S.W.2d 212 (Tex.Civ.App., Fort Worth, 1957, ref., n.r.e.), and Clark v. National Life Accident Ins. Co., 145 Tex. 575, 200 S.W.2d 820 (1947). The defendant has the burden of proof on each of these issues, Empire Life and Hospital Insurance Co. v. Shannon, 415 S.W.2d 532 (Tex.Civ.App., Amarillo, 1967, no writ hist.).

  2. Johnson v. Prudential Co.

    506 S.W.2d 238 (Tex. Civ. App. 1974)   Cited 2 times

    Cutler v. Hartford Life Ins. Co., 22 N.Y.2d 245, 292 N.Y.S.2d 430, 436, 239 N.E.2d 361, 365 (1968). Industrial Life Ins. Co. v. First National Bank of Perryton, 449 S.W.2d 129, 132 (Tex.Civ.App. — Tyler 1969, no writ), refers to the Layman case and recognizes that the basis for the Layman opinion is the conclusion that the purpose of the statutory provision in Pennsylvania is to afford the insured or his beneficiary an opportunity to correct errors in the application. But the Perryton decision, while it is based on the statutory provision on which plaintiff relies, offers no help, since it involved a situation where neither the insured nor the beneficiary had ever been furnished a copy of the application.

  3. Haney v. Minn. Mut. Life

    505 S.W.2d 325 (Tex. Civ. App. 1974)   Cited 4 times

    ' In Industrial Life Ins. Co. v. First Nat. Bank of Perryton, 449 S.W.2d 129, 132 (Tex.Civ.App.-Tyler 1969, no writ), it was said that the purpose of this provision is to allow the insured to `correct any error which might vitiate the polity.' Appellants' argument that such a purpose would be frustrated by a requirement that the application be furnished only to the beneficiary is true, but it must be noted that in that case the holding was based upon the fact that the application was not furnished to either the beneficiary or the insured.

  4. Prudential Ins. Co. v. Beaty

    456 S.W.2d 164 (Tex. Civ. App. 1970)   Cited 1 times

    We conclude that this element, and all other elements of the misrepresentation defense, were established as a matter of law under the record in this case, and that appellants were entitled to an instructed verdict and judgment N.O.V. The case of Industrial Life Ins. Co. v. First National Bank, Tex.Civ.App. 1969, 449 S.W.2d 129, relied on by appellee, is not applicable to the case at bar, as the record in this case unequivocably contains the requisite and undisputed proof that the debtor or his beneficiary was duly supplied with a copy of the application containing the 'good health' representation in question. The judgment of the trial court is reversed and judgment is here rendered for appellants concelling the insurance policy in question, with appellee recovering the $29.29 insurance premium which had been restored and tendered to appellee.