Guin v. Fortis Benefits Insurance

MEMORANDUM RE: MOTION FOR SUMMARY JUDGMENT

HINES, United States Magistrate Judge.

By separate order, the court has granted defendant’s motion for summary judgment. This memorandum states the court’s reasons.

I.Nature of Suit

This action seeks to recover $63,000.00 accidental death and dismemberment insurance benefits allegedly due under an insurance policy. The action further seeks to recover an additional $11,300 as a statutory penalty under Section 6 of Article 21.55 of the Texas Insurance Code, together with interest and attorney’s fees.

Suit was initiated in the District Court of Jasper…