Supreme Court of Texas

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A life insurance policy obtained through an employee benefit plan was community property but the Employee Retirement Income Security Act preempts a surviving wife's community property rights or the imposition of a constructive trust to remedy a constructive fraud on the community.

Appellate Information

  • Argued 01/12/2000
  • Decided 12/06/2001
  • Published 12/06/2001


  • Justice OWEN delivered the opinion of the Court in Parts I, II, III, and V, in which Justice HECHT, Justice ENOCH, Justice JEFFERSON, and Justice RODRIGUEZ joined, and an opinion in Part IV in which Justice HECHT, Justice JEFFERSON, and Justice RODRIGUEZ joined.


  • Supreme Court of Texas


  • For Appellant:
  • George W. Dana, Houston, Robin V. Dwyer, Seguin, Maria Angela Flores Beck, La Grange, for Petitioner.

  • For Appellees:
  • Lois Watson, Watson & Watson, Luling, for Respondent.
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