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American National Insurance Co. v. Arce

Court: Tx Sup  04/28/2023  Supreme Court Reverses and Remands Life Insurance Misrepresentation Case to Trial Court

The Supreme Court of Texas held that the common law requirement that an insurer prove that the insured intended to deceive when the insured made a material misrepresentation in a life insurance application before the insurer can rescind the policy still applies even though the Texas Insurance Code did not incorporate the scienter requirement when the code was recodified.

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