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Certain Underwriters at Lloyd's London v. Smith

The employer in this case has no insurable interest in the lives of its employees.

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Affirmed in Part, Reversed and Remanded in Part and Majority, Concurring, and Dissenting Opinions filed April 25, 2002

MAJORITY OPINION

This is an appeal and cross-appeal by National Convenience Stores, Inc. and Certain Underwriters at Lloyd’s, London, from summary judgment rulings and a bench trial. Appellants challenge (1) the award to appellee of the proceeds of an insurance policy National Convenience Stores held on the lives of its employees, (2) the court’s findings at the bench trial on attorney’s fees and the applicability of Texas Insurance Code article 21.55, and (3) prejudgment interest. Lloyd’s additionally argues that it should not be held jointly and severally liable for the award. Appellee/cross-appellee challenges the trial court’s summary judgment in favor of Lloyd’s that article 21.55 was not applicable to her claims. We affirm in part and reverse and remand in part.

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