other thing of value; conditionedon the continuanceor cessation of human ldfe, or involvingan insurance,guaranty,contractor pledge for the payment of endowmentsor annuities. Thus, in characterizing the businessof and definingsuch companies,the Legislaturehas accepted and closelyfollowedthegeneral definitionlaid down by Cooley and nu- merous other authoritivetext writersand court decisionsin a majority of the states.
The specimencontractsubmitted,providesthat in the event of death of the contractholder from any causewhile insured.thereuuder the companywill immediately,upon receipt,ofdue proof of death and .
Honorable0. P. Lockhart,page 3 (C-4521)
of the interestsof the claimant,pay to the designatedbeneficiarys amount equal to the sum of all the premiumpayments,without interest, which have been made on the contracti
The contractform in questionundoubtedlycontainsfeatures providingfor the paymentof life benefitsunder the above authorities; To say, however,t@at such policy I8 or la not classedas a life insur- ance contractwould be, strictlyspeaking,overlookingits,accidentand health features. We are not aware of any statutein Texas, relating to the InsuranceDepartment,as would requireor make it necessaryfor your Departmenttomdeterminewhetheror not with certainty,the character of the insurancecontractsubmittedis one of life Insuranceas against its being classedas an accidentand healthpolicy. By reason of its accidentand healthprovisions,we are inclinedto view the policy form as a combinedlife, accidentand health insurancecontract.
It is, therefore,the opinionof this departmentthat the GFl-51 policy form of The AmericanHospital& Life InsuranceCompanyof San Antonio,Texas, providesfor the paymentof liferinsurancebenefitsand shouldbe classedas a combinedlife, accidentand health insurancecon- tract since it is not exclusivelya contractof life insurance.
Yours very truly
ATTORNEYGENFLMLOF TFJ#E
By s/ Wm. J. R. King Assistant
AppRovH)APR 23, 1942 s/ Zollle C. Steakley Acting ATTORNEYQ%NRRALOFTEXAS
APPROVEDOPINIONCCMMI!lTgg BYBWR CRAIRMAN