Prudential Ins. Co. of America v. Burke, C-467
| Court | Texas Supreme Court |
| Writing for the Court | PER CURIAM |
| Citation | Prudential Ins. Co. of America v. Burke, 621 S.W.2d 596 (Tex. 1981) |
| Decision Date | 28 September 1981 |
| Docket Number | No. C-467,C-467 |
| Parties | PRUDENTIAL INSURANCE COMPANY OF AMERICA, Petitioner, v. Riley P. BURKE, Respondent. |
Atchley, Russell, Waldrop & Hlavinka, Michael Stevens, Texarkana, for petitioner.
Errol Friedman, Texarkana, for respondent.
Insured, Riley P. Burke, brought suit against Prudential Insurance Company seeking to compel Prudential to change the beneficiary of his life insurance policy. Although the policy expressly granted Burke this right, Prudential refused to affect the change because the named beneficiary was Burke's former wife and her interest in the policy had not been resolved in the divorce judgment. The Court of Civil Appeals affirmed the judgment of the trial court declaring that Prudential had the duty to change the beneficiary and allowing Burke a recovery of his attorney's fees. 614 S.W.2d 847.
The Court of Civil Appeals has correctly decided the case. A collateral issue, not...
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32 cases
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Grapevine Excavation Inc. v. Maryland Lloyds
...1981, writ ref'd n.r.e.); Prudential Ins. Co. v. Burke, 614 S.W.2d 847, 850 (Tex.Civ.App.-Texarkana), writ ref'd n.r.e., 621 S.W.2d 596, 597 (Tex. 1981)(per curiam). IV. THE PARTIES' Grapevine argues that Texas appellate courts have correctly interpreted section 38.006. Grapevine specifical......
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Tooke v. City of Mexia
...our contrary holding in a per curiam opinion that had been decided nineteen years earlier. Id. at 3-4 (citing Prudential Ins. Co. v. Burke, 621 S.W.2d 596 (Tex.1981) (per curiam)). We did so for two reasons that apply with equal force to this case. One, the Legislature had not substantially......
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Union Bankers Ins. Co. v. Shelton
...cited therein); Prudential Ins. Co. of Am. v. Burke, 614 S.W.2d 847, 850 (Tex.Civ.App.--Texarkana 1981), writ ref'd n.r.e., 621 S.W.2d 596 (Tex.1981) (per curiam); American Gen. Fire & Casualty Co. v. McInnis Book Store, Inc., 860 S.W.2d 484, 490-91 (Tex.App.--Corpus Christi 1993, no writ);......
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Texas Property and Cas. Ins. Guar. Association/Southwest Aggregates, Inc. v. Southwest Aggregates, Inc.
...writ) (op. on reh'g) (citing Prudential Ins. Co. of Am. v. Burke, 614 S.W.2d 847, 850 (Tex.Civ.App.--Texarkana), writ ref'd n.r.e., 621 S.W.2d 596 (Tex.1981)); see also Novosad v. Mid-Century Ins. Co., 881 S.W.2d 546, 552 (Tex.App.--San Antonio 1994, no writ); Hochheim Prairie Farm Mut. Ins......
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