Evis Marcotte v. American Motorists Insurance Co.

REAVLEY, Circuit Judge:

In this diversity case a jury returned a verdict for plaintiff Evis Marcotte, finding that he was totally and permanently disabled under the terms of a disability insurance policy with his former employer, Velsi-col Chemical Corporation. The jury also found that Velsicol’s insurer, American Motorists Insurance Company (“AMIC”), a member of the Kemper Group of insurance companies (“Kemper”), made certain misrepresentations to Marcotte when he became insured, thereby violating the Texas Deceptive Trade Practices Act, Tex.Bus. & Com.Code Ann. tit. 4, § 17.41 et seq.…