Elvia Cardenas v. United of Omaha Life Ins Co.

KING, Circuit Judge:

This case arises from Defendant-Appel-lee United of Omaha Life Insurance Company’s denial of Plaintiff-Appellant Elvia Cardenas’s claim for benefits from a life insurance policy taken out by Cardenas’s daughter, Elvia Sierra. The policy lapsed and was subsequently reinstated; Sierra died thirteen months after the reinstatement. As required by the Texas Insurance Code, the policy contained a provision that it would become incontestable if it remained in force “for two years from its date of issue during the lifetime of the insured.” Although the policy does not have a…