Viva Capital Trust v. Garrett

Summary

The court affirmed summary judgment for Viva on the Estate’s challenges to the Trust and the validity of the life-insurance Policy. It held that the Trust-related counterclaims were barred by the statute of repose and that the Policy complied with the insurable-interest statutes because, when issued, its benefits were payable to the Trust and ultimately to Jean, each of whom had an insurable interest. The court partially reversed the taxable-cost award and remanded for review of deposition-related charges that may have exceeded the expenses authorized by statute.