(Download) "Lumbermens Mutual Casualty Co. v. Klotz" by United States Court Of Appeals Fifth Circuit. ~ Book PDF Kindle ePub Free
eBook details
- Title: Lumbermens Mutual Casualty Co. v. Klotz
- Author : United States Court Of Appeals Fifth Circuit.
- Release Date : January 14, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
In this declaratory judgment action by the Insurer with a successful counterclaim by the Assured for damage equivalent to the commuted value of weekly, total disability sickness benefits, the questions for us are: (1) whether the policy was voided by fraudulent misrepresentations of the medical history by the Assured; if not, (2) whether there was an anticipatory breach; and if so, (3) whether this entitled the Assured to recover as damages the present value of the payments for future disability while under the future care of a physician; and finally, (4) whether the Assured was entitled to Texas statutory penalties of 12% and attorneys fees on all or a part of the recovery.
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