(Download) "Deanne Redwine v. Aaa Life Insurance Company" by Fifth District, Dallas Court of Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Deanne Redwine v. Aaa Life Insurance Company
- Author : Fifth District, Dallas Court of Appeals of Texas
- Release Date : January 23, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This suit arises out of an insurance policy. Deanne Redwine filed suit against AAA Life Insurance Company when she was denied benefits under a travel accident insurance policy. Redwine alleged various causes of action, including breach of contract and breach of the duty of good faith and fair dealing. The lawsuit was tried before a jury. At the close of Redwines case, the trial court granted AAA Lifes counterclaim for declaratory judgment that Redwines injuries were not covered by the insurance policy. The trial court also granted AAA Lifes motion for directed verdict on Redwines claim for breach of the duty of good faith and fair dealing. At the close of all the evidence, the trial court submitted instructions that advised the jury that these two issues had been resolved in AAA Lifes favor. In her sole point of error, Redwine contends that these instructions constituted impermissible comments on the weight of the evidence. In a cross-point, AAA Life contends that the trial court erred in failing to award it attorneys fees in accordance with the Texas Uniform Declaratory Judgment Act. We sustain Redwines point of error, overrule AAA Lifes cross-point, and reverse and remand this cause to the trial court for proceedings consistent with this opinion.