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DURHAM LIFE INS. CO. v. COLE

No. 5533.

608 S.W.2d 838 (1980)

DURHAM LIFE INSURANCE COMPANY, Appellant, v. Kim COLE, a Widow and as Next Friend for Her Two Minor Children, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied December 18, 1980.

Attorney(s) appearing for the Case

Roy B. Longacre, Wagstaff, Harrell, Alvis, Batjer, Stubbeman & Seamster, Abilene, for appellant.

Charles D. Scarborough, Scarborough, Black, Tarpley & Scarborough, Quay Parker, Abilene, for appellee.

RALEIGH BROWN, Justice.

Kim Cole, a widow, individually and as next friend for her two minor children, sued Durham Life Insurance Company claiming death benefits under a group life insurance policy written by Durham. Trial to the court resulted in a judgment against Durham for $10,000.00 together with a penalty of $1,200.00 and attorney's fees of $5,000.00. Durham Life Insurance Company appeals. We reverse and render.

David Robert Cole, plaintiff's husband...

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