Capitol Life Insurance Co. partially prevailed, and partially
failed, its effort to overturn unfavorable grants of summary
judgment in a recent dispute regarding an annuity policy written by
Capitol. The present opinion arose from Capitol's appeal of the
trial court's decision granting summary judgment in favor of
the policyholder ("Newman"), third-party administrator
MetLife, and summary judgment on behalf of Capitol's reinsurer,
AGL. On appeal, the Texas Court of Appeals reversed and remanded
regarding summary judgment on Newman's breach of contract
claim, but affirmed summary judgment in favor of AGL and
MetLife.
The court reversed summary judgment regarding Newman's
breach of contract claim and Capitol's statute of limitations
defense, remanding the case for further proceedings on that claim.
The court affirmed the trial court's grant of a
"no-evidence summary judgment" as to Capitol's breach
of contract claim against AGL because Capitol did not provide
"more
