Soza v. Hill (In Re Soza)

WIENER, Circuit Judge,

specially concurring:

I concur in the result reached by the panel majority, but I write separately because, with respect, I disagree with part of its methodology for getting there. Both the panel majority and I agree that applicability of section 1108.053 of the Texas Insurance Code is not limited to instances of actual fraud, i.e., intentional fraud, principally because the words used in the Texas Family1 and Property2 Codes to limit their coverages to intentional fraud are absent from the Insurance Code.3 It is at this point, however, that the method of statutory…