Texas Supreme Court

Edith Marie McCain v. Neva Yost, Temporary Administratrix of the Estate of Lilliard Russell McCain, Deceased

December 14, 1955155 Tex. 174

Summary

The Texas Supreme Court reversed the trial court and Court of Civil Appeals, holding that the 1953 Texas Insurance Code Article 3.49-1 applies to the life‑insurance policy and gives the petitioner an insurable interest despite the prior divorce. The Court also held that the statute is not retroactive under the state constitution because no vested right existed at the time of its enactment.