GUZMAN v. ALLSTATE ASSUR. CO.

No. 20-11247.

18 F.4th 157 (2021)

Mirna GUZMAN, Plaintiff-Appellant, v. ALLSTATE ASSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED November 10, 2021.


Attorney(s) appearing for the Case

Frederic Marshall Wolfram , Wolfram Law Firm, P.C., Amarillo, TX, Carol Lynn Wolfram, Esq. , Law Office of Carol Lynn Wolfram, Denton, TX, for Plaintiff-Appellant.

David P. Donahue , Louis Frank Mendez , Bressler, Amery & Ross, P.C., Birmingham, AL, Stephanie Jean James , Underwood Law Firm, P.C., Amarillo, TX, for Defendant-Appellee.

Mark A. Ticer , Counsel, Law Office of Mark A. Ticer, Dallas, TX, for Amicus Curiae Bertha Arce.

Before DAVIS, ELROD, and OLDHAM, Circuit Judges.


Saul Guzman died on January 29, 2019, after suffering a seizure. He was twenty-eight years old. Mirna, his wife and life insurance beneficiary, filed a claim with Allstate to collect the $250,000 in policy proceeds. After conducting a routine contestable-claim investigation, Allstate rescinded the policy and...

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