Capitol Life Insurance Co. moved the Court of Appeals for the
Fifth District of Texas for rehearing of the court's prior
affirmance of summary judgment against Capitol in favor of MetLife
Insurance Company USA, MetLife Investors Group, Inc., and American
General Life Insurance Company, a decision we previously wrote
about here [https://reinsurancefocus.com/archives/13403]. The Court
denied Capitol's motion but withdrew and superseded its
previous opinion with a new memorandum opinion. The result for
Capitol, however, was more of the same.
The Fifth District reversed the trial court's summary
judgment against Capitol in favor of the policyholder, holding that
fact issues related to the policyholder's intent in serving a
demand letter on Capitol prevented summary judgment for either
party. With regard to MetLife and American General, the court
affirmed the no-evidence summary judgments against Capitol, stating
Capitol had failed to provide "more than a scintilla
