United States Fifth Circuit

In an action seeking life insurance proceeds, summary judgment for defendant-insurer is affirmed where the only way for plaintiff to accept the offer of insurance and create a binding contract was to pay the initial premium, which did not occur until after the death of the insured, and thus the policy was void.

Appellate Information

• Decided 08/13/2009
• Published 08/13/2009

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH, GARZA and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Ian Herzog (argued) and Evan Dashell Marshall, Santa Monica, CA, for Plaintiff-Appellant., Richard A. Illmer (argued) and Chad A. Johnson, Brown McCarroll, Dallas, TX, for Jackson Nat. Life Ins. Co., Kevin Frank Risley (argued) and George Howard Arnold, Thompson, Coe, Cousins & Irons, L.L.P., Houston, TX, for Cuellar., Kerri K. Fields, Law Office of Kerri K. Fields, Bastrop, TX, for Gutierrez.