Frank J. Gaines v. Cuna Mutual Insurance Society

ALVIN B. RUBIN, Circuit Judge:

At the conclusion of the plaintiff’s case in this action for defamation and violation of the Texas Insurance Code 1 and the Texas Deceptive Trade Practices and Consumer Protection Act 2 the trial judge directed a verdict for the defendant because the communication alleged to be defamatory was, as a matter of law, privileged, there was no evidence of malice, and the provisions of the Insurance Code and the Deceptive Trade Practices Act relied upon were not applicable to the conduct complained of. 3 Finding these conclusions correct, we affirm.

Frank J. Gaines was…