Natl. Life Accident v. Collier

1 Citing case

  1. Safeway Managing General Agency for State & County Mutual Fire Insurance v. Cooper

    952 S.W.2d 861 (Tex. App. 1997)   Cited 15 times
    Holding that plaintiff was not entitled to exemplary damages under the DTPA as a matter of law.

    Fredonia State Bank v. General American Life Ins. Co., 881 S.W.2d 279, 283 (Tex. 1994). In such instances the application, per se, is excluded from the contract. National Life Accident Ins. Co. v. Collier, 31 S.W.2d 465, 467 (Tex.Civ.App. — Beaumont 1930, no writ). That being true, we cannot consider the provisions of the application in deciding this appeal. Parenthetically, it is worth noting that the application is effective as an offer to contract.