Texas Farmers Insurance Co. v. Murphy

in which Chief Justice PHILLIPS, Justice BAKER, Justice ABBOTT, Justice HANKINSON, and Justice O’NEILL joined.

The question posed is whether an innocent spouse can recover insurance proceeds when the other co-insured spouse has intentionally destroyed the covered community property. The court of appeals based its affirmative answer on the fact that the spouses partitioned the community before the trial began. 982 S.W.2d 79. We affirm the court of appeals’ judgment, but for different reasons: (1) the policy contractually entitles the co-insured spouse to recover, absent defenses not preserved…