A. W. Washington v. Reliable Life Insurance Company

This is a suit brought by the beneficiary of three life insurance policies to recover the proceeds thereof. A. W. Washington, plaintiff below and petitioner here, brought suit against The Reliable Life Insurance Company, defendant below and respondent here, to collect the benefits of three $1,000 non-medical life insurance policies, which were purchased on the life of his mother, Ozell Washington, within four months of her death. After trial to a jury, the trial court rendered judgment in favor of A. W. Washington, the named beneficiary of all three policies, for $3,000, twelve percent statutory penalties, and attorneys fees. The court of civil appeals reversed, and rendered a take-nothing judgment against Washington, holding that he failed to establish as a matter of law either an avoidance of release or Reliables waiver of "good health" clauses in the policies. 570 S.W.2d 24. We affirm the judgment of the court of civil appeals in part and reverse and remand for a new trial in part.