DocketNumber： 02-21-00090-CV
Filed Date： 8/4/2022
Status： Precedential
Modified Date： 8/8/2022
In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-21-00090-CV GOVERNMENT PERSONNEL MUTUAL § On Appeal from the 141st District LIFE INSURANCE COMPANY, Appellant Court § of Tarrant County (141-316810-20) V. § August 4, 2022 LINCOLN FACTORING, Appellee § Memorandum Opinion by Chief Justice Sudderth JUDGMENT This court has considered the record on appeal in this case and holds that there was error in the trial court’s judgment. It is ordered that the judgment of the trial court is reversed. Lincoln’s statutory claim as the life-insurance beneficiaries’ assignee under Chapter 542 of the Texas Insurance Code is dismissed for want of jurisdiction. The remaining portions of the case—Lincoln’s claims as the beneficiaries’ attorney-in- fact for violations of Chapter 542 of the Texas Insurance Code, its claims as both assignee and attorney-in-fact for violations of Chapter 541 of the Texas Insurance Code, and its claims as both assignee and attorney-in-fact for breach of the common law duty of good faith—are remanded to the trial court for a new trial under Texas substantive law. Lincoln shall pay all costs of this appeal, for which let execution issue. SECOND DISTRICT COURT OF APPEALS By /s/ Bonnie Sudderth Chief Justice Bonnie Sudderth