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J.C. PENNEY LIFE INS. CO. v. HEINRICH

No. 04-99-00356-CV.

32 S.W.3d 280 (2000)

J.C. PENNEY LIFE INSURANCE COMPANY, Appellant, v. Tracinda HEINRICH, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled October 9, 2000.

Attorney(s) appearing for the Case

Andrew L. Kerr, Mark G. Sessions, Zachary B. Aoki, Jenkins & Gilchrist, P.C., San Antonio, for Appellant.

Charles Estee, Shannon, Drake & Estee, L.L.P., Matthew Edward Sossi, The Whitley-Sossi Law Firm, P.C., Ray Leach, Law Offices of Ray Leach, Richard E. Langlois, Law Offices of Richard E. Langlois, Daniel O. Kustoff, Lang & Kustoff, L.L.P., Paul D. Taylor, Law Office of Paul Taylor, San Antonio, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, CATHERINE STONE, Justice, SARAH B. DUNCAN, Justice.

OPINION

Opinion by: SARAH B. DUNCAN, Justice.

J.C. Penney Life Insurance Company appeals the trial court's judgment awarding Tracinda Heinrich the proceeds of an insurance policy on the life of her common law husband, Eliseo John Hernandez. We modify the judgment to delete prejudgment interest on the damages awarded pursuant to article 21.55 of the Texas Insurance Code and to condition the award of appellate attorney's fees on a successful appeal. As modified...

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