FORBAU v. AETNA LIFE INS. CO.

No. D-1235.

876 S.W.2d 132 (1994)

Edwadine FORBAU, as Next Friend of Amy Miller, Petitioner, v. AETNA LIFE INSURANCE COMPANY, Respondent.

Supreme Court of Texas.

Supplemental Dissenting Opinion on Motion for Rehearing January 5, 1994.

Dissenting Opinion on Motion for Rehearing May 5, 1993.


Attorney(s) appearing for the Case

Alton R. Griffin, Ralph H. Brock, Lubbock, C.L. Ray, Charles B. Lord, Law Offices of C.L. Ray, Austin, for petitioner.

John P. LeVick, Jeffrey B. Jones, Jones Flygare Galey Brown & Wharton, Lubbock, for respondent.


CORNYN, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, and GONZALEZ, HECHT, ENOCH, and SPECTOR, Justices, join.

Petitioner's motion for rehearing is overruled. We withdraw our opinion of May 5, 1993, and substitute the following opinion in its place.

In this case we are called upon to determine whether the insurance policy at issue created a vested right in unlimited lifetime benefits, or restricted benefits to the recovery...

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