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Acre v. American National Insurance Co.

Court: Tx 7-Amarillo  08/24/2021  Court Reverses Summary Judgment For Insurer in Rescission Suit

The Court found that a life insurer is still required to establish the decedent's intent to deceive before the insurer can deny benefits based on misrepresentations in the application despite language in the re-codified Texas Insurance Code that appeared to omit that requirement and moreover, the insurer had missed the 90-day deadline to assert rescission.

life insurance, application, misrepresentation, rescission

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