State Farm Life Insurance Co v. Beaston

GAMMAGE, Justice, joined by HIGHTOWER, Justice,

dissenting.

The majority overlooks procedural waiver by defendants in order to reach statutory construction issues, rewrites DTPA and Insurance Code article 21.21 law in ways never conceived before, then misapplies its own new rule. The jury found she had suffered damages from unfair insurance practices. The trial court and court of appeals struggled with the question of how much she should recover. The policy at issue is ambiguous, as we have historically used the term “ambiguity” for insurance policies. The trial court correctly rendered…