Legal Opinion
McFarland v. Franklin Life Insurance Company
Texas Supreme Court
Decided June 7, 1967No. B-49PublishedCited by 19 opinions
1Opinion of the Court
WALKER, Justice.
This appeal involves an asserted right to recover a twelve per cent penalty and attorney’s fees under Article 3.62 of the Insurance Code, V.A.T.S. 1 The principal question to be decided is whether The Franklin Life Insurance Company, respondent, had reasonable grounds for anticipating rival claims. We hold that as a matter of law it did not.
In 1950 respondent issued a policy of insurance on the life of John V. McFarland, who was about nine years of age at the time. The policy was taken out by his parents, Bernard and Gwendolyn McFarland, the latter of whom is petitioner here.…
2Cases cited12 opinions
- Drane, Ind. Extr. v. Jefferson Std. Life Ins. Co.Texas Supreme Court · 1942
- Washington Fidelity Nat. Ins. Co. v. WilliamsTexas Commission of Appeals · 1932
- National Life & Accident Insurance v. DoveTexas Supreme Court · 1943
- Murray v. Bankers Life CompanyCourt of Appeals of Texas · 1957
- Republic National Life Insurance Company v. BeardCourt of Appeals of Texas · 1966
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State Farm Life Insurance Co. v. MartinezTexas Supreme Court · 2007
- Murphy v. Travelers InsuranceCourt of Appeals for the Fifth Circuit · 1976
- Sandra Joanne Murphy, Plaintiff-Third Party Defendant-Appellant-Cross v. The Travelers Insurance Company, Defendant-Third Party Plaintiff-Appellee-Cross v. Barbara A. Murphy, Individually and as Parent and Natural Guardian of Minors Lee S. Murphy, Etc., Third PartyCourt of Appeals for the Third Circuit · 1976
- Lusk v. Puryear, Texas Court of Appeals, 7th District (Amarillo)1995
- Bogart v. Twin City Fire Insurance CompanyCourt of Appeals for the Fifth Circuit · 1973
14 more not listed; retrieve them via the Exa API.