Court of Appeals of Texas February 23, 1967, 6876 (Continental American Life Insurance Co. v. McCain)

*668

STEPHENSON, Justice.

This is a suit on an insurance policy, for disability benefits. Trial was by jury and judgment was rendered for plaintiff. The parties will be referred to here as they were in the trial court.

Defendant contends first that the undisputed evidence shows that plaintiff gave no notice of claim for disability and made no proof of loss as required by the insurance policy.