AMERICAN NATIONAL INSURANCE CO. v. ARCE

No. 21-0843.

672 S.W.3d 347 (2023)

AMERICAN NATIONAL INSURANCE COMPANY, Petitioner, v. Bertha ARCE, Individually and as Representative of All Others Similarly Situated, Respondent.

Supreme Court of Texas.

OPINION DELIVERED: April 28, 2023.


Attorney(s) appearing for the Case

Wade C. Crosnoe , Jay Thompson , Austin, for Amicus Curiae Texas Association of Life and Health Insurers (TALHI).

Donald R. Littlefield , Dallas, Susan Alexander Logsdon , Houston, Louis F. Mendez , for Amicus Curiae American Council of Life Insurers (ACLI).

John H. Barr II , John T. Smithee , Amarillo, Jennifer W. Johnson , Dallas, Juan Carlos Hernandez , Mark A. Ticer , Dallas, for Respondent.

Wade C. Crosnoe , J. Richard Harmon , Jo Allison Stasney , Dallas, for Amicus Curiae RSUI Group, Inc.

Michael David Leblanc , Paul Green , Dallas, Angela Olalde , Galveston, Michael Adams , for Petitioner.

Andrew C. Whitaker, Dallas, Pro Se.


For more than a century, Texas courts have applied the settled rule that insurers may not avoid liability under an insurance policy based on a misrepresentation in an insurance application unless, among other things, the insurer pleads and proves the insured intended to deceive or induce the insurer...

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