McFadden v. American United Life Insurance Co.

SPEARS, Justice.

Gary McFadden brought suit against American United Life Insurance Company (American) to recover the expenses he incurred for oral surgery to repair a “retro-graphic mandible.” The trial court granted summary judgment in favor of American. The court of appeals affirmed. 643 S.W.2d 232 (1982). We reverse the judgment of the court of appeals, and remand the cause for a trial on the merits.

McFadden was an employee of Oil States Rubber Company. American was Oil States’ health and medical insurer. McFadden suffered from a condition known as “retrographic mandible,” whereby his lower…