American National Insurance Co. asked the Texas Supreme Court to declare that the “intent to deceive” element is no longer good law.
May 01, 2023 at 04:30 PM
5 minute read
What You Need to Know
- The Texas Supreme Court recognized a third requirement insurers must prove when denying a life insurance policy.
- When faced with a misrepresentation, the insurer most show an intent to deceive.
- This element has been common law for more than a century, the court said, and git’s not inconsistent with statutory law.
The Texas Supreme Court ruled that an insurer cannot deny a life insurance policy benefit unless it can prove a misrepresentation in the contract was done with the intent to deceive.
The ruling reinforces a long-held common law precedent that insurers have been trying to end in order to be able to reject a claim.
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