Texas Supreme Court
Mattie Emmaline Mayes, Petitioner v. Massachusetts Mutual Life Insurance Company, Respondent
October 29, 198024 Tex. Sup. Ct. J. 52
Summary
The Texas Supreme Court held that the signature clause in the insurance applications was a representation, not a condition precedent, and that the insurer could not rescind the policies because it failed to prove fraudulent intent despite the insured's misrepresentations. Accordingly, the Court reversed the Court of Civil Appeals and remanded for further fact-finding on the insurer's claim that the nondisclosure was intended to induce issuance of the policies.