[DOWNLOAD] "Mrs. Erma Gene Perry v. Aetna Life Insurance Company Connecticut" by Supreme Court of Texas # Book PDF Kindle ePub Free

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eBook details

• Title: Mrs. Erma Gene Perry v. Aetna Life Insurance Company Connecticut
• Author : Supreme Court of Texas
• Release Date : January 18, 1964
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

This suit was brought in the 129th District Court of Harris County, Texas, by Erma Gene Perry, guardian of Lonnie Perry, a minor, appellant against Aetna Life Insurance Company, appellee. This suit was predicated on an insurance policy being Group Accidental Death and Dismemberment Policy No. LL-60,615. Aetna Life Insurance Company had previously paid $7,500.00 to Erma Gene Perry as Guardian of Lonnie Perry under Group Life Policy No. 60,615. Group Life Policy No. 60,615 and Group Accidental Death and Dismemberment Policy No. LL-60,615 are separate contract, No. 60,615 providing for $7,500.00 benefits on death and No. LL-60,615 providing for $7,500.00 benefits on death by accidental means. The plaintiff set the case for trial on the non-jury docket for the week of September 30, 1963. On the Friday preceding the week of September 30, 1963, at the call of the docket, the case was set down for trial in order of its number in the customary way. The case was not reached for trial until October 3, 1963, during the week of September 30, 1963. The appellant contended and now contends that the death of Lonnie Perry resulted from accidental means and the appellee contended and now contends that the death of Lonnie Perry did not result from accidental means within the definition of the policy. The trial court gave judgment for the appellee and this appeal has been brought by the appellant. The appellant contends that the case was tried in the trial court as an agreed case under Rule 263 of the Texas Rules of Civil Procedure. The appellee disagrees with this and says that the case was tried as any other non-jury case with each party introducing evidence and resting its case. The parties entered into a written stipulation on October 2, 1963, as to certain undisputed facts, the first paragraph thereof reading as follows:

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