Cardenas v. United of Omaha Life Ins. Co., No. 12-51295 (5th Cir. 2013)
Annotate this CaseThis case arose when United of Omaha denied plaintiff's claim for benefits from a life insurance policy taken out by plaintiff's daughter. The policy at issue lapsed for nonpayment of premiums and was then reinstated. On appeal, plaintiff argued that the district court failed to correctly apply Texas law governing incontestability provisions in life insurance contracts and that the district court erred by expanding the interpretation of the insurance contract. The court found it logical to conclude that Texas Insurance Code 1101.006 treated policy issuances and policy reinstatements in a uniform manner, when neither section 1101.006 nor 28 Texas Administrative Code 3.104(a) provided any reason to treat issuances and reinstatements differently. Although the court's interpretation of the relationship between sections 1101.006 and 3.104(a) differed from that of the district court, the court concluded that the district court properly denied plaintiff's motion for judgment as a matter of law on this issue. The court rejected plaintiff's remaining claim and affirmed the judgment of the district court.
The court issued a subsequent related opinion or order on October 23, 2013.
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