Texas Supreme Court

Texas Farmers Insurance Company, Petitioner v. Daisy Murphy, Respondent

August 26, 1999996 S.W.2d 873

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that Daisy Murphy is contractually entitled to recover one‑half of the insurance proceeds and that the public‑policy arguments raised by Texas Farmers Insurance do not defeat her contractual right. The Court also held that Farmers waived its concealment‑fraud defense because it was never pursued at trial or on appeal. Justice Hecht concurred in the judgment and Justice Enoch dissented, arguing that the majority’s rule would allow an arsonist to benefit from his crime.