• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Reinsurance Focus

New reinsurance-related and arbitration developments from Carlton Fields

  • About
    • Events
  • Articles
    • Treaty Tips
    • Special Focus
    • Market
  • Contact
  • Exclusive Content
    • Blog Staff Picks
    • Cat Risks
    • Regulatory Modernization
    • Webinars
  • Subscribe
You are here: Home / Arbitration / Court Decisions / Reinsurance Claims / Reinsurer’s Summary Judgment Upheld on Motion for Rehearing

Reinsurer’s Summary Judgment Upheld on Motion for Rehearing

October 3, 2018 by Michael Wolgin

Capitol Life Insurance Co. moved the Court of Appeals for the Fifth District of Texas for rehearing of the court’s prior affirmance of summary judgment against Capitol in favor of MetLife Insurance Company USA, MetLife Investors Group, Inc., and American General Life Insurance Company, a decision we previously wrote about here [https://www.reinsurancefocus.com/archives/13403]. The Court denied Capitol’s motion but withdrew and superseded its previous opinion with a new memorandum opinion. The result for Capitol, however, was more of the same.

The Fifth District reversed the trial court’s summary judgment against Capitol in favor of the policyholder, holding that fact issues related to the policyholder’s intent in serving a demand letter on Capitol prevented summary judgment for either party. With regard to MetLife and American General, the court affirmed the no-evidence summary judgments against Capitol, stating Capitol had failed to provide “more than a scintilla of probative evidence” to demonstrate it had performed under the contracts, a necessary element of Capitol’s claim against both parties. Capitol Life Ins. Co. v. Newman, Case No. 05-16-01476-CV (Tex. Civ. App. Sept. 13, 2018).

This post written by Benjamin E. Stearns.

See our disclaimer.

Filed Under: Reinsurance Claims

Primary Sidebar

Carlton Fields Logo

A blog focused on reinsurance and arbitration law and practice by the attorneys of Carlton Fields.

Focused Topics

Hot Topics

Read the results of Artemis’ latest survey of reinsurance market professionals concerning the state of the market and their intentions for 2019.

Recent Updates

Market (1/27/2019)
Articles (1/2/2019)

See our advanced search tips.

Subscribe

If you would like to receive updates to Reinsurance Focus® by email, visit our Subscription page.
© 2008–2025 Carlton Fields, P.A. · Carlton Fields practices law in California as Carlton Fields, LLP · Disclaimers and Conditions of Use

Reinsurance Focus® is a registered service mark of Carlton Fields. All Rights Reserved.

Please send comments and questions to the Reinsurance Focus Administrators

Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please contact us. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites. This site may be considered attorney advertising in some jurisdictions.