Coxson v. Atlanta Life Ins. Co
In Coxson v. Atlanta Life Ins. Co., 142 Tex. 544, 179 S.W.2d 943 (1944), the issue was whether a life insurance policyholder who died due to tuberculosis was in good health when he obtained a life insurance policy. Coxson, 179 S.W.2d at 943.
The policyholder's treating physician testified that in his opinion the policyholder had suffered from tuberculosis for over two years before the policy issued. Id. at 944.
The policyholder's beneficiary introduced no expert testimony, but produced witnesses who had known the policyholder during relevant time periods prior to the issuance of the policy, and who testified to facts and circumstances showing that during the time when the policy was issued the policyholder was in good health. Id. at 944-45.
In Coxson, the Texas Supreme Court held that whether the policyholder was in good health when the policy issued was for the jury to determine, despite testimony to the contrary by the policyholder's treating physician. Id. at 945.