Fidelity Union Life Insurance Company v. Evans

GUITTARD, Justice.

This appeal from an order sustaining a plea of privilege turns oh the validity of a contractual provision authorizing suit to be brought in a particular county. We hold the provision invalid.

Fidelity Union Life Insurance Company sued its former agent, Leland Evans, in Dallas County to enforce a covenant not to compete for a two year period after termination of his employment. Defendant pleaded his privilege to be sued in Travis County, where he worked and resided. Plaintiff alleged in its controverting plea that defendant entered into a contract in writing with plaintiff…