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STONEBRIDGE LIFE INS. CO. v. PITTS

No. 06-0655.

236 S.W.3d 201 (2007)

STONEBRIDGE LIFE INSURANCE COMPANY (f/k/a J.C. Penney Life Insurance Company), J.C. Penney Direct Marketing Services, Inc., and AEGON Direct Marketing Services, Inc. (f/k/a AEGON Special Markets Group, Inc.), Petitioners, v. Gayle G. PITTS and Mary Vanderford, Respondents.

Supreme Court of Texas.

August 31, 2007.

Attorney(s) appearing for the Case

Craig T. Enoch, J. David Brown, Joel Wilson Reese, Winstead Sechrest & Minick, P.C., Dallas, Frank Weathered, Dunn Weathered Coffey Rivera Kasperitis & Rodriguez, P.C., Corpus Christi, for petitioner.

Tamera L. Venzke, John P. Venzke, The Venzke Law Firm, L.L.P., David H. Berg, Berg & Androphy, Houston, Stephen Gardner, Law Office of Stephen Gardner, PC, Dallas, J.A. (Tony) Canales, Canales & Simonson, P.C., Corpus Christi, for respondent.

PER CURIAM.

Consumers brought this class-action suit for "money had and received" to recover premiums they were charged pursuant to an allegedly misleading telemarketing scheme involving accidental death and dismemberment insurance.1 The trial court certified a statewide class, and the court of appeals affirmed. ___ S.W.3d ___. We conclude that individualized inquiry will predominate over common issues of proof, making the claim inappropriate...

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