Government Personnel Mutual Life Insurance Company v. Lincoln Factoring

• Court: Court of Appeals of Texas
• Decided: August 4, 2022
• Docket: 02-21-00090-CV
• Status: Published

Opinion

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