Assurity Life Insurance v. Grogan

DeMOSS, Circuit Judge:

INTRODUCTION

Plaintiff-Appellant Assurity Life Insurance Company (“Assurity”) appeals the district court’s entry of final judgment in favor of Varsha Grogan entitling her to proceeds from her husband’s life insurance policy. Assurity argues that, under Texas law, the policy it issued to Mr. Grogan never took effect because it contains a “good health” condition precedent to its effectiveness; and, Assurity contends, Mr. Grogan was not in good health on the date relevant to the policy’s effectiveness. In the alternative, Assurity argues that the policy should be rescinded…