Garcia v. John Hancock Variable Life Insurance Co.

OPINION

BIERY, Justice.

This is an appeal of a summary judgment granted in favor of appellee John Hancock Variable Life Insurance Company (John Hancock). Appellant, Carmen Garcia, as beneficiary, brought suit to collect the proceeds of a life insurance policy issued to her husband, Alfredo Garcia. She brings one point of error alleging the trial court erred in granting John Hancock’s motion for summary judgment because it failed to establish each element of its misrepresentation defense as a matter of law. We reverse and remand.

On appellate review, a summary judgment is not entitled to the same…