Legal Opinion

Mayo v. Hartford Life Insurance

Court of Appeals for the Fifth Circuit

Decided January 7, 2004No. 02-21059PublishedCited by 88 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

Wal-Mart Stores, Inc. (“Wal-Mart”) took out life insurance on its employees and made itself the beneficiary. This interlocutory appeal arises from a grant of partial summary judgment involving a dispute over death benefits from one of these company-owned life insurance (“COLI”) policies. Douglas Sims’ estate sued Wal-Mart on the ground that the COLI policy taken out in Sims’ name violated the Texas insurable interest doctrine. We hold that: 1) Texas law, which requires an “insurable interest” for valid life insurance policies, governs the dispute; 2) an employer…

2Cases cited32 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  3. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  4. Salve Regina College v. RussellSupreme Court of the United States · 1991
  5. Johnson & Higgins of Texas, Inc. v. Kenneco Energy, Inc.Texas Supreme Court · 1998

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3Cited by88 opinions

  1. Martin K. Eby Construction Company, Inc. v. Dallas Area Rapid TransitCourt of Appeals for the Fifth Circuit · 2004
  2. Smith v. EMC CorporationCourt of Appeals for the Fifth Circuit · 2004
  3. Wal-Mart Stores, Inc. v. AIG Life InsuranceSupreme Court of Delaware · 2004
  4. Warfield v. ByronCourt of Appeals for the Fifth Circuit · 2006
  5. State Farm Lloyds v. PageTexas Supreme Court · 2010

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