From Casetext: Smarter Legal Research

Prudential Ins. Co. of America v. Burke

Supreme Court of Texas
Sep 28, 1981
621 S.W.2d 596 (Tex. 1981)

Summary

stating that court of appeals correctly decided case

Summary of this case from State Farm Life v. Martinez

Opinion

No. C-467.

September 28, 1981.

Appeal from the Fifth Judicial District Court, Bowie County, Charles Bleil, J.

Atchley, Russell, Waldrop Hlavinka, Michael Stevens, Texarkana, for petitioner.

Errol Friedman, Texarkana, for respondent.


Insured, Riley P. Burke, brought suit against Prudential Insurance Company seeking to compel Prudential to change the beneficiary of his life insurance policy. Although the policy expressly granted Burke this right, Prudential refused to affect the change because the named beneficiary was Burke's former wife and her interest in the policy had not been resolved in the divorce judgment. The Court of Civil Appeals affirmed the judgment of the trial court declaring that Prudential had the duty to change the beneficiary and allowing Burke a recovery of his attorney's fees. 614 S.W.2d 847.

The Court of Civil Appeals has correctly decided the case. A collateral issue, not material to the disposition of the present case, is the extent of a spouse's community property interest in an unmatured insurance policy, purchased with community property funds, but not mentioned in the property division of the divorce decree. We reserve this question for determination in the appropriate case. Prudential's Application for Writ of Error is refused, no reversible error.


Summaries of

Prudential Ins. Co. of America v. Burke

Supreme Court of Texas
Sep 28, 1981
621 S.W.2d 596 (Tex. 1981)

stating that court of appeals correctly decided case

Summary of this case from State Farm Life v. Martinez
Case details for

Prudential Ins. Co. of America v. Burke

Case Details

Full title:PRUDENTIAL INSURANCE COMPANY OF AMERICA, Petitioner, v. Riley P. BURKE…

Court:Supreme Court of Texas

Date published: Sep 28, 1981

Citations

621 S.W.2d 596 (Tex. 1981)

Citing Cases

Grapevine Excavation, Inc. v. Maryland Lloyds

987); Hochheim Prairie Farm Mut. Ins. Ass'n v. Burnett, 698 S.W.2d 271, 278 (Tex.App.-Fort Worth 1985, no…

Texas Property v. Southwest Aggreg

See id. As several Texas appellate courts have noted, the purpose of the exceptions set forth in section…