Rufina Reyes Yanez v. American General Life Insurance Company ( 2015 )

ACCEPTED
04-15-00548-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/18/2015 5:33:07 PM
KEITH HOTTLE
CLERK
CAUSE NO. 04-1S-00S48-CV
IN THE COURT OF APPEALS
FILED IN
4th COURT OF APPEALS
FOURTH COURT OF APPEALS DISTRICTSAN ANTONIO, TEXAS
SAN ANTONIO, TEXAS 11/18/2015 5:33:07 PM
KEITH E. HOTTLE
Clerk
RUFINA REYES YANEZ,
Appellant
v.
AMERICAN GENERAL LIFE INSURANCE COMPANY,
Appellee
FROM THE 341 ST mDICIAL DISTRICT COURT, WEBB COUNTY, TEXAS
TRIAL COURT NO. 2014CVF000504-D3
HONORABLE REBECCA RAMIREZ PALOMO, mDGE PRESIDING
SUPPLEMENT TO APPELLANT'S MOTION TO REINSTATE THE
APPEAL
TO THE HONORABLE COURT OF APPEALS:
Appellant, RUFINA REYES YANEZ, submits this supplement to
Appellant's motion to reinstate the appeal of the Court's consideration.
1. Appellant has always made it resounding clear that she wants to set
aside the summary judgment rendered against her on July 21,2015. Appellant filed
her notice of appeal on September 3, 2015, which was within 15 days of the date
Page II
the notice of appeal was due. See Rules 4.1 10.5(b), 25, 1,26.3, she filed a motion
for extension of time to file her notice of appeal and on September 23, 2015, she
filed a motion for extension of time to file her notice of appeal and on September
23,2015, she filed her motion to abate the appeal.
3. Attached as Exhibit A is a true copy of the Docket sheet which was
left out of the Clerk's Record that was filed on September 18, 2015. The District
Clerk failed to include in the Clerk's Records Appellant's motion for mandatory
judicial notice filed on July 10, 2015, which included incontrovertible evidence
that Appellee had been notified on November 1, 2001, that Appellant's husband
had died, contrary to Appellee's repeated assertions that Appellee had not learned
ofthe insured's death until November of2003. See Exhibit B.
4. Appellant's valuable right to appeal should not be lost because of a
hyper technical interpretation of the Texas Rules of Appellate Procedure. See
Verburg! v. Dormer, 959, S.W. 2d 615, 616-17(Tex.1997).
submitted,
.~
ARMANDO TREVINO
Attorney At Law
State Bar No. 20211100
1519 Washington St, Suite # 1.
Laredo, Texas 78040
Telephone No. (956) 726-1638
Email: armandotrevinolaw@hotmail.com
Attorney For Appellant
Page 12
<;(JA-
Subscribed and sworn to before me on the ~ day of November, 2015, by
.- \j.\!).(11111,il ,f'n 11
Armand0 Tref:~.~~~t~~ Appe ant.
~'" ". "*0'<, .
~ ~""t-..R'{ Pu···.~ ~
'"'J;, 0 .......-p "s
~\~ .;)~
t . . . ""1'1'" OF \".,..... !
~ ···.;€'XP1RB~.·· ~
N t Public State of Texas
,
~.../ 01 ~2'2~20\1 ",""
1"1/ ~
Il/tlil",,'e'.....RTIFICATE OF SERVICE
I certify that on November /Z ,2015, I served a copy of the Motion
To Reinstate Appeal was sent via hand-delivery or e-service to JASON A.
RICHARDSON, EDISON, McDOWELL & HETHERINGTON LLP, 3200
Southwest Freeway, Suite 2100, Houston, Texas 77027,
jason.richardson@emhllp.com, Webb County District Clerk's office Esther
Degollado, and Ana Alcantar.
Page 13
EXHmITA
20 14CVF000504 D3 : Rufma Reyes Yanez VS. American Gener... Page 1 of 8
,..-,-ENDAR
As of 11/18/2015 2:36:58 PM
I Case # 2014CVF000504 D3
Rufina Reyes Yanez vs. American General life Insurance Company
Type: Contract
Date Filed: 3/18/2014 12:00:00 AM
Court: 341st District Court
Complaint: Contract
IParty Information II Attorney Information ,
, Name Affiliation II Name Affiliation I
~
C~~~~~~ General Lif~ I~ns~rance De;e~~:~~~ 1;:::n::i:::;:O:--:~::~~~::;:~~::;e~~f:-~::J
Rufina Reyes Yanez plai ntiff -------------------------~-------------~-~---------------~--
- - -- - - - --- - - - --- -.------- ----------
---------~-
ICourt Dates
Date Description Status
I ---------~-
17/13/20159:00:00 AM Motions Open
5/18/2015 8:00:00 AM Jury Trial Canceled
5/4/2015 9:00:00 AM Pre-Trial Open
3/5/20159:00:00 AM Motion For Continuance Open
\3/5/2015 9:00:00 AM Motion For Summary Judgment Open
10/2/2014 9:00:00 AM Status Open
9/15/20149:00:00 AM Status Postponed
Motions Open
~
/30/2014 1:30:00 PM
6/30/2014 1:30:00 PM Special Exceptions Open
6/2/2014 1:30:00 PM Calendar Call Open
.
-----~---.------ ,-----~----,-- -----------------
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20 14CVF000504 D3 : Rufina Reyes Yanez VS. American Gener... Page 2 of 8
IActivity
Date Type Description
11/17/2015 'IMG* LETTER FROM RAMOS TREVINO DATED 11/13/15 (RE:
4:59:21 PM Filing Papers REQUEST TO PREPARE THE CLERL'S RECORD ON APPEAL). EjG
SPOKE WITH jUILIE FROM ATTY. ARMANDO TREVINO'S OFFICE
TODAY REGARDING E-MAIL SENT TO MS. DEGOLLADO ON
11/16/2015 CLERKS RECORD. ADVISED HER THAT A CLERKS RECORD WAS
Notes
8:16:19 AM SENT TO THE FOURTH COURT OF APPEALS ON 9/18/15 AND
IF A NEW CLERKS RECORD IS REQUESTED. SHE WOULD ADVISE
MR. TREVINO AND WOULD GET BACK TO ME. (SL)
11/3/2015
judgement *IMG* JUDGMENT (FOURTH COURT OF APPEALS) SL
8:49:57 AM
10/28/2015 Filing Papers *IMG* MEMORANDUM OPINION (FOURTH COURT OF APPEALS).
8:22:23 AM SL
110/6/2015
Order *IMG* ORDER (FOURTH COURT OF APPEALS) 10/5/15. (SL)
8:54:42 AM
'IMG* LETTER FROM FOURTH COURT OF APPEALS DATED
10/1/2015
Filing Papers 9/28/15. 9SL) {RE: APPELLEE'S RESPONSE TO APPELLANT'S
3:58:15 PM
NOTICE OF COURT TO ABATE FILED
*IMG* LETTER FROM FOURTH COURT OF APPEALS DATED
9/23/2015
Filing Papers 9/22/15. (SL) {RE: ANA ALCANTAR'S NOTIFICATION OF LATE
9:44:11 AM
REPORTER'S RECORD}
9/23/2015 *IMG* LETTER FROM FROUTH COURT OF APPEALS DATED
9:42:35 AM Filing Papers 9/21/15. (SL){RE: APPELLANT'S NOTICE OF COURT TO ABATE}
9/22/2015 *IMG* LETTER FROM FOURTH COURT OF APPEALS DATED
Filing Papers
1:29:58 PM 9/18/15. (SL) {RE: ELECTRONIC CLERK'S RECORD RECEIVED}
9/22/2015 *IMG* LETTER FROM FOURTH COURT OF APPEALS DATED
1:28:14 PM Filing Papers 9/21/15. (SL) {RE: LETTER TO COURT REPORTER}
9/21/2015 *IMG* LETTER FROM FOURTH COURT OF APPEAL DATED
Filing Papers
11:42:08 AM 9/16/15. (SL) {RE: APPELLE'S MOTION TO DISMISS}
Clerk's
9/18/2015 *IMG* CLERKS RECORD. (SL)
Record
10:57:18 AM
(Appeal)
9/18/2015 'IMG* CONFIRMATION FROM FOURTH COURT OF APPEAL (SL)
10:55:17 AM Filing Papers {RE: CLERKS RECORD}
9/15/2015
Docket Sheet *IMG* CIVIL CASE DOCKET SHEET. (SL)
2:49:27 PM
9/11/2015 *IMG* LETTER FROM FOURTH COURT OF APPEALS DATED
9:02:53 AM Filing Papers 9/10/15. (SL) {RE: FEES FOR FILING APPEAL}
"IMG* LETTER FROM FOURTH COURT OF APPEALS DATED
9/11/2015 Filing Papers 9/3/15. (SL) {RE: MOTION FOR EXTENSION OF TIME TO FILE
9:01:22 AM NOTICE OF APPEAL}
9/4/2015 Telephone SPOKE WITH JULIE FROM ATTY. TREVINO'S OFFICE REGARDING
10:21:01 AM Call FILING THE DESIGNATION OF CLERK RECORDS. (SL)
9/4/2015 Filing Papers *IMG* CONFIRMATION FROM FOURTH COURT OF APPEALS.
19:01:36 AM (SL)
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IActivity
, Date Type Deseri ption
9/312015 NOTICE OF *IMG* NOTICE OF APPEAL (SL) COpy FORWARD TO COURT
4:48:44 PM APPEAL REPORTER ANA ALCANTAR
'IMG" ORDER DENYING PLAINTIFF'S MOTION TO SET ASIDE
THE MAY 13, 2015 ORDER GRANTING DEFENDANT'S
7/2112015 TRADITIONAL MOTION FOR SUMMARY JUDGMENT SIGNED
10:02:43 AM Order 7/20/2015. (SL) FAXED TO ATTY. ARMANDO TREVINO AND
f\TTY. JASON RICHARDSON FROM CIVIL COURT
COORDINATOR. (SL)
7/20/2015 Filing Papers *IMG* FILING OF A RELEVANT EXHIBIT (E-FILED BY ATTORNEY
3:38:27 PM ARMANDO TREVINO). EjG
7/l3/2015 Filing Papers *IMG* ADVISORY TO THE COURT. (SL)
5:30:29 PM
CASE CALLED. HONORABLE JUDGE BECKIE PALOMO PRESIDING.
COURT REPORTER ANA ALCANTAR. ATTY. ARMANDO TREVINO
7/13/2015 AND ATTY. JASON RICHARDSON PRESENT. HEARING ON
Notes
10:51:20 AM MOTION TO SET ASIDE JUDGMENT. ARGUMENTS HEARD FROM
BOTH SIDES. COURT HAS TAKE MOTION UNDER ADVISEMENT.
(SL) {COURT KEPT COURTS' FILE}
*IMG* DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR
7/10/2015
Response LEAVE TO FILE RELEVANT DOCUMENTS AND FOR JUDICIAL
13:31:48 PM NOTICE. (ATTACHED WITH ORDER). SL
7/10/2015 *IMG" MOTION FOR LEAVE TO FILE RELEVANT DOCUMENTS
Filing Papers
112:36:07 PM AND FOR JUDICIAL NOTICE (ATTACHED WITH AN ORDER). 8G
*IMG* DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION TO
SIT ASIDE THE MAY 13, 2015 ORDER GRANTING
717/2015 Response DEFENDANT'S TRADITIONAL MOTION FOR SUMMARY
10:56:46 AM
JUDGMENT (ATTACHED WITH AN ORDER, SENT TO COURT
I COORDINATOR). EjG
I *IMG* NOTICE OF HEARING (MOTION TO SIT ASIDE
6/25/2015 Notices of jUDGMEND SIT FOR 7/13/15 @ 9:00AM. FAXED AND MAILED
8:45:25 AM Hearing TO ATTY. ARMANDO TREVINO AND JASON RICHARDSON
FROM CIVIL COURT COORDINATOR. (SL)
6/24/2015 Court Case Court date/time: 7/13/2015 9:00 Hearing Type: 37 Motions
112:58:24 PM Assignment Assignment of court date/time. Status entered as Open
16/12/2015 ~IMG*SECOND SUPPLEMENT TO PLAINTIFF'S MOTION FOR
Filing Papers
4:21:33 PM NEW TRIAL (E-FILED BY ATTORNEY ARMANDO TREVINO). EjG
6/12/2015 "IMG* PLAINTIFF'S SUPPLEMENT TO MOTION TO SET ASIDE
Filing Papers
3:33:10 PM THE MAY 13, 2015 SUMMARY JUDGMENT. (EjG)
I *IMG* SUPPLEMENTAL PLAINTIFF'S MOTION TO SIT ASIDE THE
MAY 13, 2015, ORDER GRANTING DEFENDANT'S
16/12/2015 Motion For
TRADITIONAL MOTION FOR SUMMARY JUDGMENT AND IN THE
2:47:11 PM New Trial ALTERNATIVE MOTION FOR NEW TRIAL (ATTACHED WITH
ORDER). EjG
6/5/2015 Motion For *IMG* PLAINTIFF'S MOTION TO SIT ASIDE THE MAY 13, 2015,
4:32:44 PM New Trial ORDER GRANTING DEFENDANT'S TRADITIONAL MOTION FOR
SUMMARY JUDGMENT. (ATTACHED WITH ORDER). SL NOTICE
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IActivity
i Date Type Description
··6rFif::ARiNG~~::R:i:'C'DANDSf::Nt-T6·colTRt·COORDINAT6R:··" .
(SL)_
Disposition entered as 408. Disposition code 408:
5/13/2015
Disposition Sumjudgmnt For AMERICAN GENERAL LIFE INSURANCE
3:55:20 PM
COMPANY
Case Status changed from ACTV to DISP. Case Status ACTV:
5/13/2015
Case Status Active Case Status DISP: Disposed For AMERICAN GENERAL
3:55:20 PM
LIFE INSURANCE COMPANY
*IMG* NOTICE REGARDING ORDER GRANTING DEFENDANTS
5113/2015
Filing Papers TRADITIONAL MOTION FOR SUMMARY JUDGMENT (E-FILED BY
12:52:20 PM
ATTORNEY JASON A. RICHARDSON). EJG
*IMG* ORDER GRANTING DEFENDANT'S TRADITIONAL
MOTION FOR SUMMARY JUDGMENT SIGNED 5/13/2015. (SL)
5/13/2015 SUMMARY
FAXED TO ATTY. JASON RICHARDSON AND MAILED TO ATTY.
12:29:51 PM JUDGMENT
ARMANDO TREVINO FROM 406TH CIVIL COURT
COORDINATOR CRUZ MALDONADO. (SL)
5/4/2015 Court Case Court ~ate/time: 5/18/2015 8:00 Hearing Type: 4 Jury Trial
4:28:10 PM Assignment Status 'changed from Open to Cance
5/4/2015 *IMG* bRDER GRANTING DEFENDANT'S MOTION TO STAY
Order
3:12:27 PM SIGNED 5/4/15. (SL)
CASE CALLED. JUDGE BECKIE PALOMO PRESIDING. COURT
REPORTER ANA ALCANTAR. ATTY. ARMANDO TREVINO AND
ATTY. JASON RICHARDSON PRESENT. PARTIES NOT PRESENT.
5/4/2015 PRE-TRIAL HEARING, ATTYS. ANNOUNCED THAT AN AGREED
Notes
13:03:26 PM MOTION TO STAY WAS FILED, COURT GRANTED MOTION,
CASE SET FOR JURY SELECTION MAY 18, 2015 PENDING
RULING ON SUMMARY JUDGMENT HEARING WITH JUDGE HALE
ON MARCH 3, 2015.(SL)
5/1/2015 *IMG* PLAINTIFF'S AGREEMENT WITH DEFENDANT'S MOTION
Filing Papers
2:24:43 PM TO STAY (E-FILED BY ATTORNEY ARMANDO TREVINO). EJG
5/1/2015 "IMG* PLAINTIFF'S VERIFIED MOTION FOR CONTINUANCE
Filing Papers
2:13:34 PM (ATTACHED WITH AN ORDER). EjG
4/28/2015 *IMG* DEFENDANT AMERICAN GENERAL LIFE INSURANCE
Filing Papers
4:25:58 PM COMPANY'S MOTION TO STAY. (SL)
*IMG* FINAL PRE-TRIAL REPORT (FILED SENT COURT COURT
4/28/2015 FOR REVIEW) SL ** RETURN BACK FROM COURT UNSIGNED
Filing Papers
4:16:05 PM
5/14/15 ***
4/28/2015 *IMG* DEFENDANT AMERICAN GENERAL LIFE INSURANCE
Filing Papers
4:12:41 PM COMPANY'S MOTION IN LIMINE. (SL)
4/20/2015 *IMG* AMERICAN GENERAL'S TRIAL EXHIBIT LIST. MG
Filing Papers
4:36:43 PM
*IMG* ORDER DENYING PLTF'S VERIFIED MOTION FOR
CONTINUANCE SIGNED BY JUDGE HALE 3/6/15. (SL) FAXED
I ~/ig:~~o~~ Order AND MAILED TO ATTY. ARMANDO TREVINO AND ATTY. JASON
RICHARDSON FROM CIVIL COURT COORDINATOR. (SL)
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2014CVF000504 D3 : Rufina Reyes Yanez VS. American Gener... Page 5 of 8
IActivity
Date Type Description
-'3]5}2015 Notes·CASE-d.ITEO: ]uDcEoSCAR] HALCSfTIINGTI;.n=ORTLiDcE"---
1:49:06 PM BECKIE PALOMO PRESIDING. COURT REPORTER ANA
ALCANTAR. ATTY. ARMANDO TREVINO PRESENT WITH RUFINA
REYES YANEZ. ATTY. BOBBY DEVELAC PRESENT FOR AMERICAN
GENERAL LIFE INSURANCE. 1.) HEARING ON PLFTS' MOTION
FOR CONTINUANCE, COURT DENIED MOTION ORDER SIGNED
IN OPEN COURT. 2.) HEARING ON MOTION FOR PARTIAL
SUMMARY JUDGMENT, COURT DEFERRED RULE ON MOTION
TO REVISE MOTION AND RULE AT A LATER DATE. (SL)
! 3/4/2015 *IMG* AMERICAN GENERAL'S REPLY IN SUPPORT OF ITS
3:06:11 PM Filing Papers MOTION FOR SUMMARY JUDGMENT. (ORDER ATTACHED) SL
3/3/2015 Filing Papers *IMG* FIRST SUPPLEMENT TO MOTION TO COMPEL ANSWERS
11:03:05 AM TO PLAINTIFF'S REQUEST FOR ADMISSIONS. (SL)
*IMG* NOTICE OF HEARING (PLTF MOTION FOR CONTINUANCE
2/27/2015 (SET FOR 5/5/15 @ 9:00AM. FAXED AND MAILED TO ATTY.
Filing Papers
2:33:37 PM ARMANDO TREVINO, AND JASON RICHARDSON FROM CIVIL
COURT COORDINATOR. (Sl)
I Court date/time: 3/05/2015 9:00 Hearing Type: 67
2/27/2015 Court Case
Mnt/Contin Assignment of court date/time. Status entered as
1:34:37 PM Assignment
Open
*IMG* AMERICAN GENERAL LIFE INSURANCE COMPANY'S
2/27/2015 RESPONSE TO PLAINTIFF'S VERIFIED MOTION FOR
Response
9:52:16 AM CONTINUANCE (ATTACHED WITH AN ORDER DENYING ORDER
FOR MOTION FOR CONTINUANCE). EjG
2/27/2015
Response *IMG* RESPONSE TO MOTION TO COMPEL ARBITRATION. (EjG)
9:50:58 AM
2/25/2015 *IMG* PLAINITTF'S RESPONSE TO DEFENDANT'S TRADITIONAL
Response
3:01:22 PM MOTION FOR SUMMARY JUDGMENT. (8G)
*IMG* PLAINTIFF'S VERIFIED MOTION FOR CONTINUANCE
REGARDING DEFENDANT'S TRADITIONAL MOTION FOR
2/24/2015
Filing Papers SUMMARY jUDGMENT.(SL) ORDER ... REC'D AND SENT TO
4:36:24 PM
COURT COORDINATOR. (SL) ** ORDER RETURN BACK FROM
COURT UNSIGNED 3/10/15.
2/13/2015 *IMG* PLAINTIFF'S MOTION FOR A PARTIAL SUMMARY
Filing Papers
3:13:51 PM JUDGMENT (NO FIAT OR ORDER ATTACHED). EjG
Court date/time: 3/05/2015 9:00 Hearing Type: 142
1/26/2015 Court Case
Motsumjudt Assignment of court date/time. Status entered as
2:03:45 PM Assignment
Open
1/22/2015 Notices of
*IMG* NOTICE OF HEARING. (SL)
2:39:09 PM Hearing
Motion for
1/22/2015 *IMG* AMERICAN GENERAL LIFE INSURANCE COMPANY'S
Summary
• 2:32:31 PM TRADITIONAL MOTION FOR SUMMARY JUDGMENT. (SL)
judgment
10/3/2014 *img* NOTICE REGARDING PRE-TRIAL GUIDELINE ORDER
Filing Papers
4:20:48 PM (E-FILED BY ATTORNEY JASON A. RICHARDSON). EjG
Notes
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IActivity
Description
·-CASECA[[E5:TtJ5cTsEcKfEpALoMO-PRESf5fNC-:CQuR:'f--·
REPORTER ANA ALCANTAR. ATTORNEY ARMANDO TREVINO
PRESENT. ATTORNEY JASON A. RICHARDSON PRESENT.
HEARING ON STATUS. COURT ORDERED ATTORNEYS TO
SUBMITT A PRE-TRIAL GUIDELINE ORDER TO COURT
COORDINATOR FOR FURTHER PROCESS. (EjG)
*IMG* NOTICE OF HEARING (STATUS/ADDITIONAL DISCOVERY)
9/19/2014 Notices of SET FOR 10/2/14 @ 9:00AM_ FAXED AND MAILED TO ATTY.
9:53:28 AM Hearing ARMANDO TREVINO AND ATTY. JASON RICHARDSON FROM
CIVIL COURT COORDINATOR. (SL)
9/15/2014 Court Case Court date/time: 10/02/20149:00 Hearing Type: 48 Status
4:26:48 PM Assignment Assignment of court date/time. Status entered as Open
9/15/2014 Court Case Court date/time: 9/15/2014 9:00 Hearing Type: 48 Status
4:26:09 PM Assignment Status changed from Open to Post/
CASE CALLED. JUDGE BECKIE PALOMO PRESIDING_ COURT
9/15/2014
Notes REPORTER ANA ALCANTAR. NO ONE PRESENT. STATUS
4:23:16 PM
HEARING RESET TO 10/2/14 @ 9:00AM. (SL)
*IMG* NOTICE OF HEARING (STATUS-ADDITIONAL
7/2/2014 Notices of DISCOVERY) SET ON 9/15/14 @ 9:00AM FAXED AND MAILED
10:40:10 AM Hearing TO ATTORNEY ARMANDO TREVINO AND ATTORNEY JASON A.
RICHARDSON FROM CIVIL COURT COORDINATOR. (EjG)
7/2/2014 Court Case Court date/time: 9/15/2014 9:00 Hearing Type: 48 Status
10:11:44 AM Assignment Assignment of court date/time. Status entered as Open
CASE CALLED. JUDGE BECKIE PALOMO PRESIDING_ COURT
REPORTER ANA ALCANTAR. ATTY_ ARMANDO TREVINO
PRESENT FOR RUFINA REYES YANEZ. ATTY_ JASON
6/30/2014 RICHARDSON PRESENT FOR AMERICAN GENERAL LIFE
Notes
2:23:37 PM INSURANCE. L) HEARING ON PLFT. SPECIAL EXECEPTIONS, 2_)
DFTS_ MOTION TO DISMISS PURSUANT TO RULE 91A, ATTYS.
REQUESTED A RESET PENDING ADDl. DISCOVERY_ CASE RESET
TO 9/15/14 @ 9:00AM. (SL)
*IMG* AMERICAN GENERAL LIFE INSURANCE COMPANY'S
6/24/2014 RESPONSE TO PLAINTIFF'S SPECIAL EXCEPTION (ATTACHED
Response
3:48:57 PM
WITH EXHIBIT 1). EjG
16/20/2014 *IMG* AMERICAN GENERAL LIFE INSURANCE COMPANY'S
Filing Papers
3:02:24 PM NOTICE OF WITHDRAWAL OF MOTION. (EjG)
*IMG* NOTICE OF HEARING (PLTF. SPECIAL EXCEPTIONS) SET
6/20/2014 Notices of FOR 6/30/14 @ 1:30PM_ FAXED AND MAILED TO ATTY_ JASON
9:50:58 AM Hearing RICHARDSON, AND MAILED ONLY TO ARMANDO TREVINO
FROM
.
CIVIL
, COURT COORDINATOR. (SL)
Court date/time: 6/30/2014 13:30 Hearing Type: 65
6/19/2014 Court Case
Spcl/excpt Assignment of court date/time. Status entered as
3:23:48 PM Assignment
Open
6/18/2014
4:49:31 PM
Filing Papers
*IMG* REPLY TO AMERICAN GENERAL LIFE INSURANCE
COMPANY'S MOTION TO DISMISS PURSUANT TO RULE 91a_ (sl)
I
6/18/2014 Filing Papers *IMG* SPECIAL EXCEPTIONS TO DEFENDANT'S ORIGINAL
14:45:33 PM ANSWER_ (SL) (FILED BY ATTY. ARMANDO TREVINO) **
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IActivity
Date Type Description
..oATIACHEBWITfn;rOl'rCEOF-HEARINC"ANIY6RrfER::.REC'O
AND SENT TO COURT COORDINATOR. (SL)
*IMG* NOTICE OF HEARING (DEFENDANT AMERICAN GENERAL
LIFE INSURANCE COMPANY'S MOTION TO DISMISS PURSUANT
6/12/2014 Notices of TO RULE 91A) SET ON 6/30/14 @ 1:30PM FAXED AND MAILED
13:21:44 PM Hearing TO ATTORNEY JASON A. RICHARDSON AND MAILED ONLY TO
ATTORNEY ARMANDO TREVINO FROM CIVIL COURT
COORDINATOR. (J;JG)
6/12/2014 Court Case Court date/time: 6/30/2014 l3:30 Hearing Type: 37 Motions
9:41:30 AM Assignment Assignment of court date/time. Status entered as Open
6/10/2014
Filing Papers 'IMG* NOTICE OF SERVICE OF REQUESTS FOR DISCOVERY. (SL)
11:27:l3 AM
*IMG* PRE-TRIAL GUIDELINE ORDER UURY) SIGNED 6/2/2014.
Pre-Trial
6/4/2014 (DL) (P/T 5/4/15 @ 9:00AM &J/S 5/18/15 @ 8:00AM) FAXED
Guideline
4:44:26 PM AND MAILED TO ATTY. ARMANDO TREVINO, AND ATTY.
Order
JASON RICHARDSON FROM CIVIL COURT COORDINATOR. (SL)
6/3/2014 Court Case Court date/time: 5/18/2015 8:00 Hearing Type: 4 Jury Trial
9:56:48 AM Assignment Assignment of court date/time. Status entered as Open
6/3/2014 Court Case Court date/time: 5/04/2015 9:00 Hearing Type: 2 Pre-Trial
9:56:34 AM Assignment Assignment of court date/time. Status entered as Open
*IMG* LETTER FROM EDISON, MCDOWELL, AND
5/29/2014 Filing Papers HETHERINGTON LLP TO CIVIL COURT COORDINATOR MAYA
10:58:32 AM
MARTINEZ DATED 5/23/14. (EJG)
5/28/2014 *IMG* PRE-TRIAL GUIDELINE ORDER REC'D AND PLACED IN
Filing Papers
1:53:23 PM COURT'S FILE FOR HEARING. (EJG)
*IMG* AMERICAN GENERAL LIFE INSURANCE COMPANY'S
5/23/2014 Motion to MOTION TO DISMISS PURSUANT TO RULE 91a. (ATTACHED
3:25:10 PM Dismiss WITH NOTICE OF HEARING AND ORDER) ... REC'D AND SENT TO
COURT COORDINATOR. (SL)
*IMG* AMERCIAN GENERAL LIFE INSURANCE COMPANY'S
4/28/2014
Answer ORIGINAL ANSWER AND AFFIRMATIVE DEFENSES. (SL) (FILED
10:26:33 AM
BY ATTY. JASON RICHARDSON) SL
4/15/2014 *IMG* CITATION RETURN EXECUTED AS TO AMERICAN
Returns
7:57:03 AM GENERAL LIFE INSURANCE COMPANY. (DOS 4/10/14) SL
3/24/2014 *IMG* REQUEST OF COPY FROM EDISON, MCDOWELL &
Filing Papers
4:47:15 PM HETHERINGTON LLP. (SL)
*IMG* (2) CITATIONS ISSUED TO AMERICAN GENERAL LIFE
3/19/2014 INSURANCE COMPANY AND PLACED IN PRIVATE SERVER BOX.
Issuance
4:25:10 PM
(LD
3/19/2014 CALENDAR CALL FAXED TO ATTORNEY ARMANDO TREVINO.
Notes
4:23:56 PM (LT)
3/19/2014 Court Case Court date/time: 6/02/2014 l3:30 Hearing Type: 17 Clndr
4:23:54 PM Assignment Call Assignment of court date/time. Status entered as Open
3/18/2014 Case Status Case Status entered as ACTV. Case Status ACTV: Active For
15:03:42 PM AMERICAN GENERAL LIFE INSURANCE COMPANY
http://www.webbcountytx.gov/judgescalendarNiewCase.aspx?...11118/2015
2014CVF000504 D3 : RufinaReyes Yanez vs. American Gener... Page 8 of8
IActivity I
For more information, please contact the Webb County District Clerks (956-523-4268) or County Clerks (956-523-4266) office.
http://www.webbcountytx.gov/judgescalendarNiewCase.aspx?... 11118/2015
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EXHIBITB
Filed
7/10/201512:36:07 PM
Esther Degollado
District Clerk
Webb District
Esther Jo Garza
CAUSE NO. 2014CVF000504-D3 2014CVF000504 D3
RUFINA REYES YANEZ, § IN THE DISTRICT COURT
Plaintiff
VS. § 341" JUDICIAL DISTRICT
AMERICAN GENERAL LIFE
INSURANCE COMPANY,
Defendant § WEBB COUNTY, TEXAS
MOTION FOR LEAVE TO FILE RELEVANT DOCUMENTS AND FOR JUDICIAL
NOTICE
TO THE HONORABLE JUDGE OF SAID COURT:
1. Comes Now Plaintiff RUFINA REYES YANEZ, and moves the Court for leave
to file and to take judicial notice of the following relevant documents:
a. Exhibit 1, Plaintiffs' Original Petition on Cause # 2002CVF000182-Dl;
Rufina Reyes de Yanez, Individually and as Representative of the Estate of Julio Arturo Yanez,
Julio Arturo Yanez-Reyes, Maria Isabel Yanez-Reyes, and Ricardo Yanez-Reyes, PlaintiffS v. Old
Line Lifo Insurance Company ofNorth America, An American General Company, Harry Beltran
and Susano Castillo, Jr., d/b/a B &C Financial Planning, Defrndants; In the 49th Judicial
District Court, Webb County, Texas.
b. Exhibit 2, proof of service on Old Line Life Insurance Company of North
America, An American General Company, et al;
c. Exhibit 3, copy of Defendant Old Line Life Insurance Company of North
.America's Original Answer; and
d. Exhibit 4, copy of Docket Sheet of Webb County Judicial System.
Page II
2. These documents are relevant because they prove that American General Life
Insurance Company as far back as 2002 that Julio A. Yanez had died and the Court is required to
take judicial notice of the documents.
3. Prayer. Premises considered plaintiff asks the court for leave to file Exhibits 1, 2,
3, 4, for the court to take judicial notice of the exhibits and to grant plaintiffs motion for a new
trial.
o TREVINO
State Bar No. 20211100
1519 Washington St., Suite One
Laredo, Texas 78040
Tel: (956) 726-1638
Email: annandotrevinola\vrl))gmail.com
Attorney for Plaintiff
RUFINA REYES YANEZ
CERTIFICATE OF SERVICE
I hereby certify that on the 10m day of July, 2015, a true and correct copy of the above
and foregoing was served by electronic mail to jason.richardson@emhllp.com, JASON A.
RICHARDSON, EDISON, McDOWELL & HETHERINGTON LLP, 3200 Southwest Freeway,
~
/
Suite 2100, Houston, Texas 77027.
/ /.. -r- ,
--~~;zenefils up to a total $300,000 under one or more pOlicies on anyone life.
Group Annuities: .
. I .
• net cash surrender amount up to a lotal 01 $100,000 under one Or more policies owned by one
contractholder.
• net cash surrender amount up 10 $100.000 in allocated benefi!s under one or more policies owned by
one contraclholder; or I
• net cash surrender amount up to $5,000.000 in unallocated benefits under one contractholder
regardless of the number of contracts.
THE INSURANCE ·COMPANY AND ITS AGENTS ARE PROHIBITED BY LAW FROM USI~G THE
EXISTENCE OF THE ASSOCIATION FOR THE PURPOSE OF SALES, SOUCITATION, OR INb(icEMENT
TO PURCHASE ANY FORM OF INSURANCE,. . I ..
When you are selecting an insurance company, you should not rely on covera~ by the ASSOCiation.
.
Texas Ufe, Accident, Health and Hospital
I
Texas Department of Insurance
Service Insurance Guaranty Association
310 Congress, .Suite 500
P.O.. Box 149104 I
Aus\ln, Texas 78714-9104
Austin, Texas 78701 800-252-3439
800-982-6362
Page 1A
Np·1A TX
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(THIS PAGE IS INTENTIONALLY LEFT BLANK.)
NP-1B TX page 18
IMPORTANT NOTICE
:" ; :-) ..
To obtain information Or make a .compiaint: .' ,;. >
You may call1he Company's toll-free telepho~'e"
number for information o(to make a complaint at
1-800-487-5433
You may contact the Texas Department of Insurance
to obtain information on companies, coverage, rights
or complaints at
1-800-252-3439
You may ,vrite the Texas Department of Insurance
Puede exeribir al DE,oa:rtamEmto
P.O. Box 149104
Austin, TX 78714·9104
FAX #(512) 475·1771
PREMIUM OR CLAIM DISPUTES:
DISPUTAS SOBRE "KIM"::iIU
Should you have a dispute concerning your. premium
or about a claim, you should contact the agent or the Si tiene una disputa conclerrliel1te a su prima a a un
Company first. It the dispute is not resolved, you may reclamo, debe agente 0 18 Cam-
contact the Texas Department of Insurance. pania primero. Si no se Ie dispute, puede
entonces comunicarse can. el (TDI).
ATIACH THIS NOTICE TO YOUR POllCY/
CERTIFICATE; UNA ESTE AVISO A SU P01l2'.A1(~EFlTlFIC:A[)O;
This notice is for information only and does not Este aviso es solo para pr~:p~~~:~~di~e;njnformaCion y
become a part or condition of lhe attached document no se convierte en parte 0 del documento
adjuntc.
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Page 1C
• NOTICE PAGE (Continued)
. .' NOTICE REGARDING REINSTATEMENT OF A L;Ai~~;~lj!fttti~~~~~
TO THE MENTAL INCAPACITY OF N:
"':~kEEP THIS NOTICE WITH YOUR INSURANCE PAPERS IT WiAY~':~"'!~i~;i
THE F U T U R E '
ELIGiBILITY
If your policy lapses, it may be eligible for reinstatement if all of ihe following co;nditio'1s
1, The policy has been in force continuously for at least five years immediately
lapse; , ,
2, All premiums have been paid in a timely manner during this period;
3.-The lapse results from an unint~ntional default in premium payments caused by
, of the insured; and
4. We receive a request for reinstatement and proof ot the insured's mental inca
from the date of the lapse. ,
PROOF AND REQUEST
To establish proof of the insured's mental incapacity, we must be provided with a diagnosis by
a physician licensed in Texas and qualified to' make the diagnosis. We will accept the proof and
request for reinstatement from: ' I
1, you;
.2. the insured, if you are not the insured;
3. the legal guardian ot the insured; (::-;----0 ~:~;\
4, other legal representative of the Insured; or IIf[y \\
,,'s {('.,. /: i,/:::::!J ,\.y-
5, the legal representative of the estate at the insured.
"'- if I(
MENTAL INCAPACITY
I
Mental incapacity means lacking the ability, based on reasonable medical judgment, to ,understand and
fJ
appreciate the nature and consequences of a decision regarding failure to pay a premium when due
and. the Jib(lity to reach an informed decision in the matter.
REINsTATEMENT
., -_. tOo,... • _~' . •
" We ;wi1l:reinstate an eligible policy within a period ot one year after the date of lapse. We will require
paYr!l.eht,of.~II ',ir,iJpaid prem\ums, plus 6% interest, from the date at japse to the .date of reinstatement.
1. YOuj;PP.Ii.~Y.4"iU,t),,~,tr.~at~ as if it has been iot,orce continlJOUSIY:,s,ince the lapse:1
,2. T:he 'p'qli.cy~provl{>lons ~III apply as If there' had been no lapse; and.- '
3. You civill :be;r~qLiired,.tOOmal5e,'any and all future premium 'payments -required by the policy provisions
toke'~p th~e J)qlipY;}Jl4()rc~,".· " ' ,,',
. ", -"'.- .;,', .'.... . I ' .
REDUcED BENEF.iTS '
We will pay the death ben,.fit. (in.cle;: ,a'n eligi~[e p6licy'if the insur~.d dies within one year from the date of
lapse, provided that the reqlJiI'::''Tlenis for s'\lbmittlrig ,proof of iTI~ntal inc~pacity and !request for reinstate-
ment are met. We may reduce. the death 'benefit by any unpaid premiums due, plus 6% Interest from
the date of lapse to the date oi death. "
EXCEPTIONS
I
We are not required to reinstate the policy or pay the death benefit if the insured becomes mentally
incapacitated atter the grace period contained in the policy expires.
DEFINITIONS
You and Your· The owner of the policy. .. ,..1 ' .
Lapse· The due date of the last premiurn that remains unpaid after the expIration of the grace period
defined in the policy" I .
page 1E
Np·1E TX
•
POll.CY SPE elF I CAT! ONS
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INSURED JULIO A YANEZ /'\1\0112648 POLICY NUMBER
. . ,. j,-'.-
'R.
FACE AMOUNT $1,000,000 C~£IV£l) 10/13/2000 DATE OF ISSUE
PREMI WI CLASS TOBACCO JUlyl'
56 AGE AT ISSUE
STANDARD ~/ A"
2001
""1!A1S
SCHEDULE OF. BENEFITS AND PREMIU~S
SENEF ITS
LI FE INSURANCE
BENEFIT AMOUNTS
ANNUAL
PREMIUMS
SI,OOO,OOO 513,530.00
(!;~
,', - .n ~~YABLE
'-"-' V
YEARS
I~E;~RS';
INITIAL EXPIRY DATE
ff1i~
10/13/2015
SUBSEQUENT EXPIRY DATES WI LL OCCUR AT 'THE END OF EACH ONE YEAR RENEW«LE
TERM PERIOD,' THE FINAL EXPIRY DATE IS 10/13;2039.
TOTAL FIRST YEAR ANNUAL PREMIUM
-
513,530.00
PREMI UMS OTHER 'THAN ANNUAL (ARE A PERCENTAGE 0; THLANll.UAUB.EMI ;;t;\, -,
l
PREMIUMS ARE PAYABLE AT 01 MONTH INTERVALS .FROM 10/13/2000.
INTERVAL PREMIUM IS $1. J83.88.
THE FIRST _
" RENEWAL PREIII UMS ARE SHOWN ON THE LAST PAGE. ON THE TENTH POLIOY
ANN I VERSARY
AND ANY LATER POL I CY ~NlU VERSARY WE HAVE A LIMITED RIGHT
TO CHANGE THE PREMIUM. SEE THE RIGHT TO CHANGE PREMIUM PROVISION.
THIS POLlcy'MAY BE EXCHANGEO FOR A NEW POLICY. SEE THE EXCHANGE Op,TIONS
PROVISION. OPTION I IS AVAILABLE UNTIL THE THIRTEENTH POLICY ANNIVERSARY,
PROVIDED THE INSURED IS ,AGE 65 ,OR LESS ON THE,DATE OF EXCHANGE. THE
DATE Of EXCHANGE UNDER OPTfoN, 2 IS THE FI.FTEENTH POLICY ANNIVERSARY.
PROVlDEO THE I NSUREO I SAGE .65 OR LESS .
.... -.,-,,(\
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.' PAYMENT OF·PROCEEDS
• •
THE FACE AMOUNT WILL BE PAID TO THE BENEFICIARY IMEOIATELY UpifN'::'RE~~;:pf -- ..,'.
OF DUE PROOF OF· THE DEATH OF THE INSURED IF DEATH OCCURS PRIOR TO' THE'
EX? I RY DATE. IF DEATH OCCURS I II THE GRACE PER I 00 OF ANUN?A 1'0PREi1i
UM " , '
AN AMOUNT EQUAL TO THE PREMI UM FOR ONE MONTH WI LL BE DEDUCTED, FROM THE' .,:. "'.'
::~:~::S "'·l":..~;,'l?:;f~f~:>::~t~
·f, ,:'.;,).\~):':~~::.)!~:'.k
;XCLUS ION
IN THE EVENT OF THE SUICIDE OF THE INSURED. WHILESANE OR INSANE •.
WITHIII 2, YEARS FROM THE DATE OF ISSUE, OUR LIABILITY WILL BE LIMITED ",-'.~_".;i:·,:;({p;""';',:';.l;;:~
TO THE PREMIUMS PAID. . "'J.,.;j';t.':-f-;'~'i;"'"
INCONTESTABILITY
WE WILL NOT CONTEST THIS POLICY AFTER IT HAS BEEN IN FORCE DURING THE
LIFETIME OF THE INSURED FOR TWO YEARS FROM.THE' DATE :oFiS5UE. WE WILL
NOT CONTEST ANY RE I NSTATEMENT AFTER THE RE I NSTATEMENT HAS BE EN IN FO'RCE ..... '-
DURING THE LIFETIME OF THE INSURED FOR TWO YEARS.
•
' IF WE .. DO
'" ~.
CONTEST
•• - • •
fA
1
REINSTATEMENT. WE WILL CONTEST ONLY STATEMENTS MADE l.N THE· REINSTATEMENT
APPLICATION.
.. . .,....,.-'-:
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BO-ReT 7Q-, 1'11'10112648 3
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(THIS PAGE IS INTENTIONAllY LEFT BLANK.)
SO-RCT 7q-4 1-\1'\0112648 PAGE 4
DEFINITIONS
•
• -:-ge means age last birthday at the beginning of a policy year.
•
PoliCY months, years and anniversaries. The first policy year begins on the date of issue. PoUcy months. years and
annrversaries will be measured from that date.
PREMIUM PAYMENT
The first premium is dUB on or before delivery of this policy. Later premiums are due and payable al the intervals and for the
period shown on page 2, while the insured ;s alive. Wltn our consent, premiums may be paid at other interVals_
Premrums after the first are payable a1 our home office or to an authorized agent in exchange for a receIpt signed by ons of our
officers.
Any premium, afier the first. not paid on or before its due date will be in default. Such due date will be the date of default.
GRACE PERIOD
. I
A 31 day grace penod. without interest charge, is allowed for the payment of each premium after the first. This policy will stay in
force during this period. If the premium. is not paid by the end of this period, insurance wilJ cease.
REINSTATEMENT
This policy may be reInstated within five years of the date of default subject to receipt of evidence oi insurability satisfactory to
~. I
Reinstatement will also be subject to (1) payment of the premium for the grace perio_d with interest at !the rate of 6% per ,year
compounded annually p.lus the premium due for the current policy month, jf this policy has a renewable Iterm period of one year.
or (2} payment of all overdue premiums with interest at the rate of 6% per year compounded_.annual!y, if this policy has a
renewable term period other than one year. ' /;"-~...:.. I
NONPARTICIPATING (~. (·-1 ~l i::
~\ /il'~""
This pelicy does not pay dividends. "-4_'~ / /....~"./ ) \:::-;>
RENEWAL OPTION ,j
I
This policy may be renewed wfthout evidence of inslJiability on each expiry date for a further term period, Renewal premiums are
shown on the last p a g e . ' _
The first premium for a new term will be due at the end of the previous term. This pofiey will renew if this premium is paid within
1he grace period. Premiums for the new term will be due and payable at the intervals shown on page 2.
No term period will extend beyond the final expiry date shown on page 2.
RIGHT TO CHANGE PREMIUM
We reserve the right to change the premium for this policy on the policy anniversary speCified on page 2 and on any later pOncy
anniversary, subject to the following terms:
1. The premium will not exceed the appncable max·lmum premium shown on the last page.
2. Any change in premium will be made on a uniform basis for all ins~reds wi~h the .same benef(~ anq
proviSion~ who .have t~e
same age at issue, date of issue. sex end premium class. No change In premium will occur due to any change 10 the Insured 5
heaJth or oc.cupation.
3. Any change to premium will take effect only after 30 days' prior notice'to the owner of this policy.
4. Any change in premium will be determined prospectively. We will not distribute past gains or recoup prior losses, if any. by
changing the premium. ,
This provision does not apply to any rider attached to this policy.
Page 5
SO·RCT 79·05
EXCHANGE OPTIONS I
Optfonl • •
• This policy may be exchanged for a new level premium life or endowment policy with a level face amoJnt. If no IS In pr~mjum
defauft and the insured does not qualify for disability benefits under this policy. written application may
option is available. as speclfied on page 2.
be
I
made at any time this
The new policy wiil be issued as of the date of exchange based on the insured's age on that date ~md the premium rate then in
- I
The new poUCy must comply with our then current rules for amount, age and premium class. The face amount may not exceed
. .
the amount of insurance under this policy On the date of exchange. The pr.emium class will be the same as
this policy.
The suicide and contestable periods of the new policy will be reduced by the elapsed portion of theee peribcts under this policy.
The new policy will be issued with a disabllity rider and/or accidental death rider it these riders are in fJce under. this policy at
the date of eXChange and are available at the insured's age on such date. Any rider not in force may be included in the new
policy only with our consent.
Option 2
," '"I
This option is available only on the date of exchange specified on page 2. We agree to exchange this.:p-oiicy for a new renewable
level term policy on the life of the insured. Evidence of insurabifity satisfactory to us will. be requirstl /of the insured. SUCh
evidence win be paid for by us and will be based on our then current underwriting rules, ....:::.=:~ (~ .J /;:':'"
This exchange wiH be subject to the following terms:
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1. A properly completed application must be submitted to us within 60 days prior to the date of exchange, along with payment of
the first premium for the new policy. _ - _ ,_ .•
2. This policy must be in full force and all premiums due prior to the date of exchange must be paid. Insurance under this potiey
will cease when thts policy is exchanged.
3. The age at issue for the new policy will be the age of the insured ?n the date of exchange.
4. The new policy will be on the same plan of insurance as this policy. Altematively, the owner may elect any other plan w'rth a
shorter renewable term period then being issued on this policy form. The date of issue of the new policy will be the date of
exchange. The face amount of tne new policy may not exceed the face amount of this policy and must meet or exceed the
minimum then in effect tor the plan elected. . [
5. Any benefits or riders in force under this policy on the date of exchange wi!! be included in the new wHey and will be subject
to our then current rules and rates.
6. The new policy will not have a suicide provision.
7. The contestable period of the new policy win start on the date of exchange. with respect to the evidence of insurability used to
qualify the insured for the new policy. However. ~e may contest only the difference between the face ainoun~ of the new policy
and the face amount that the premium for the new policy. excfuding the. premium for any riders. WOUldl have purchased on the
date of exchange had this policy remained in force.
. .
8. The premium rates for the new policy wiIJ be our then current rates applicabJe to a new purchase of the plan elected.
SO-RCT 79-6 page 6
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OWNER
• •
The ~wner is as shown in the application unless changed. The owner has all rights under this policy while the insured is alive.
These rights are subject to the consent of any living irrevocable beneficiary. .
BENEFICIARY
The beneficiary is as shown in the application unless changed. f1 no beneficiary survives the insured. the Owner or estate the of
the owner will be the beneficiary. However. if a trust is the owner &nd no beneficiary survives the insured. the estate of the insured
wiIJ be the be'neficiary.
CHANGE OF OWNER OR BENEFICIARY
While the insured ~s alive. the owner may change the beneficiary or ownership by written notice to us. When we record the
change. it will take effect as of the date the owner signed the notice, subject to any payment we .~kelor other action we ta~e
before recording. /'.-- ... ~.
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CORRESPONDENCE "'-"
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Any request. notice or proof shall be ftled with our home office, -.. .:.-. .- ./ F' -' ) L. . .:;·
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ASSIGNMENT
No assignment of this policy will bind us until filed with us in writing. It will not apply to any payment made before the assignment
was filed. 'We wi!! not be responsible for its validity"
All rights of the owner and any beneficiary are subject to the rights of any assignee on rec.ord with us_
POLICY SETTLEMENT
If this poHcy has not been endorsed to show the payment options available under a settlement contract. Ipolicy proceeds may be
paid under a settlement contract in accordance with our current company rules.
In any settlement we may requke the return of this policy,
THE CONTRACT
I
This poney. including any riders ano' endorsements, the original application and any supplemental applications are the entire
contract.
I.
All staiements in an application are representations and not warranties. No statement will be used to void this policy or to deny a
claim unless it appears in an application which is attached to and made part of this policy.
Th'ls policy may not be changed. nor any of our rights or reqUirements be waived, except in writing by one of our authorized
oHicers.
MISSTATEMENT OF AGE OR SEX
If the insur8<;fs age or sex has been misstated. any amount payable by us will be what the premiums paid would have bought at-
the correct age and sex.
CLAIMS OF CREDITORS
assigned or withdrawn without our consent before becoming payable. . I
All payments under this policy are exempt from the claims of creditors to the extent permitted by law. Payments may not be
BO-RCT 79-7 Page 7
'.
ENDORSEMENT
• •
]l;le !;>ayment Options of the policy to which this endorsement is attached will be as follows:
PAYMENT OPTIONS
The term ftannuitanVmsured" as used in the follo\'Ving paragraph means the person named in the Policy Specifications as
annuitant or insured, as the case may be.
Proceeds of less than S5,OOO will be paid in one lump sum. Proceeds of S5,OOO or more may be paid under an option. When
proceeds are placed under an option the payee will receive a settlement contract. The date of the contract will be the daie the
proceeds become payable. The Owner may choose the option only while the annuitanVinsured is living. After the death of the
annuitantiinsured, the beneficiary may choose the option if proceeds are payable in one sum. Payment options for death proceeds
must be chosen within six months after the annuitant'slinsured's death. Payment options for other proceeds must be chosen
within two months of the date they are payable. All .eiections must be filed with uS in writing. Payments njay be requested at 1. 3,
6 Of' 12 month· intervals. Each payment must be at least $50. Each payee must be a living person receiving payments in his Own
M~ . 1
The interest rate far options 1, 2 and 3 wil! be declared by us each year. ThiS rate will never be less than 3% per year. For
options 1 and 3 any interest in excess of 3% will be used to inCl'ease payment amounts; for op1ion 2 any excess interest will be
used to lengthen the payment period. , . !
For options 4, 5, 6 and 7 the payments wi!! be based on rates declared by us 1rom time to time. These rates wilt be 3 112% less
than the published rate"s in eff&ct for immediate annuities on the date 01 the settlement contract. Payments under these rates will
n-ever be les~ than the amount according to .the tables of minimum monthly income in this endorsement. The rates in the tables
are derived from a projection of the 1983 Table "a", and an annual iota-res: rate of 3.00%, I
ma~ be withdrawn up to four times a yea~. o. I
Option 1. Interest. We win hold the proceeds on deposit Interest will be paid while the payee is living_ Sums of $500- or more
Option 2. Specified Income. We will pay a stated income amount until the proceeds, with jfi'i:e-re~t on the unpaid balance, are
used up. The income each year may not be less than 10% of the proceeds. :;' . /-:'--',-':-:
Option 3. Income for SpeCified Period. We will pay an income for a stated period. up to 30 y-~rs( ,)/:?~)!'-.
--"1/'.:::>' ;'
resi~e payee's
Option 4. Life Income with Guaranteed Period. We win pay an income for a guaranteed period and for' the
fife. The guaranteed period may be 10. 15 or 20 years. I It
Option 5. Life I.~come without Guaranteed Period. We will pay an income for the payee's lifetime. Payments will end at the
death of the payee. However if the payee dies within one year of the date Of the settlement contract. payments will be continued
I
~o a conting~nt payee until 10 ye~rs from the date of the settlement contract. I -
Option 6. Ufe Income with Installment Refund. We will pay an income for a guaranteed penod and for the rest of the payee's
me. The guaranteed period is the period required for the
sum of incom.e payments to equal the proceeds' applied.
Optlon 7. JOi~t Life Income with 213 to Survivor. We will pay an income while both payees are liVi~9.
When one payee'· dies
we will pay 213 of the income for the rest of the survivor's life. However. if one payee dies ~ithin one ,year from the date of the
I
settlement. contract. income will 'be -paid to the sUlVivor thereafter as if the survivor had chosen option 5 on the date of the
~~~-..
Additional Option to Buy Single Premium Immediate Life Annuity at Reduced Rate. If proceeds of at least S5.000 are
applied under option 4, 5, 6 or 7, additional money may be used to buy a single premium immediate life annuity. The cost of this
annuity wiil be 3 1/2% less than the then published rate. The monthly income from this annuity togethef with the monthly incor:ne
from option 4, 5, 6 or 7 may not exceed 3 times the monthly income which could be bought solely by applying the policy.
proceeds. Written request must be made within 31 days from the date proceeds are payable.
(Continued on page 2)
P03·NO 79-10 Page'
PAYMENT OPTIONS (Continued) •
•
Pay",,,nt Provisions. The first payment under options 2. 3, 4, 5, 6 or 7 will be due as of the date of the settlement contract. The
'fi'rst payment under option 1 will be due. at the end of the first interest pertod. If any payments remain under an option at the
death of the payee. or at the death of the surviving payee in regard to option 7, the amount stated below will be paid in one sum
to the payee's executors or administrators. unless otherwise directed in the election of the option:
Option i. MY amount leH on deposit with accrued interest.
Option 2. The unpaid balance of proceeds y
35 3.35 :U5 3.84 3.36 3.33
36 3.39 3.38 3.37 3.39 3.36
37 3.43 3,42 3.41 3.43 3.39
38 3.46 3.~6 3.44 3.47 3.4'3
39 3.50 3.50 3.48 3.51 3.47
'0 3.55 3.5~ 3.52 3.55 3.5IJ
3.S9 3.5a 3.56
"'2 3.8<1 3.62
3.67
3.60
3.50
3.64
3.54
3.56
43 ~.58 3.65 3.69 3.63
3.74 3.12
"'5 3.79 3.77
3.69
3-.74
3.75
3.s0
3.67
3.72
4. 3.84 3.52 3.79 3.SS 3~n
3.88 3.8 4
"
'8
'5
3.90
3.91
4.03
3.94
4.00
3.89
3.95
3.92
3.99
4.05
3.82
H8
3.93
50 4.10 4.06 .:::.00 "'.12 3.99
5' . 4.17 4_13 4.06 4.20 4.06
52 4.24 4_20 4.12 4.28
53 4.32 4.27 4.19 4.36
5' 4.41 4.35 4.25 4.45
55 4.49 4,42 4.32 4.55
56 4.59 4.51 4.38 4.64
57 '.68 4.59 4,45 4.75
58 4.79 4.68 o/LS2 d.as
5. 4.89 4.i7 4.59 4.98
.0 5.0' 4.87 .4.6S
6' 5.13 4_97 4.73
.2 5.25 5.0-7 4.80
63 5.39 5.17 4.86
6' , !j.53 5.27 4.93
65 5.67 5.38 4.99 5.34
66 5.83 5.49 5.05 5.47
67 5_98 S.60. 5.11 5.61
68 6.15 5.70 5.17 5.76
69 6.32 5.81 5.21 5.91
70 6.50 5.91 5.26 6.0B
71 6.68 6:01 5.30 6.25
72 6.86 6.11 5.34 7.S9- 6.43
73 7.05 6.20 5.S7 7.91 ~ 6.62
74 7.24 S.2~ 5.40 . 8:24 5.82
75 7,42 6.37 5.42 8.61 7.04
7. 7.61 6.44 5.44 9.01 7.26
77 7,79 6.51 5,46 9.43 7.49
78 7.97 6.57 5.48 9.89 1.7~
75 S.ld 6.62 5.49 10.38 7.99
,0 8.JO 6.67 5.50 10.91 8.27
8.45 6.7' 5.51 11.47 8.55
P03-M 79-4 Page 4
JF'PROC~E~~~ ..
; ··-;·~-"<.7"f}'-;.1~!,
TABLE'OF MIN'IMUM MONey INCOME UNDER PAYMENT OPTIONS F . C H 8':000 :':/~~~~·~l
OPTION 7 - JOINT LIFE INCOME WITH TWO-THIRDS TO SURviVoR i ~." -.
.. . .
..,
'
Female 40 .
45
I
'
50 55 60 65 70 75 80
Male
40 53.35 53.45 53.55 53.67 53.80 $3.94 54.10 84.28 S4.47
41 3.37 3.47 3.58 3.70 3.83 3.97 4.14 4.32 4.51
42 3.39 3.49 3.60 3.72 3.86 4.01 4.18 4.37 4.56
43 3.41 3.51 3.62 3.75 3.89 4.05 4.22 4.41 4.61
44 3.42 3.53 3.65 3.78 3.92 4.08 4.26 4.46 4.67
45 3.44 3.55 3.67 3.81 3.96 .4.12 4.31 4.51 4.72
46 3.46 3.57 3.70 3.84 3.99 4.16 4.35 4.56 4.78
47 3.48 3.59 3.72 3.87 4.03 4.20 4.40 4.61 4.84
48 3.50 3.62 3.75 3.90 4.07 4.25 4.45 I 4.67 4.90
49 3.52 3.64 3.78 3.93 4.10 4.29 4.50 4.73 4.97
p
50
51
:i.54
3.56
3.66
3.69
3.80
3.B3
3.96
4.00
4.14
4.18
...
4,34/ ::;4"55',-\
4.38 \,~ ......, .4~61, { . ~;.85
4.79 5.04
5.11
. "'~1 '4:92
52 3.58 3.71 I'J
3.86 4.03 4.22 4.43 ::0 '4.66~ - 5.19
53 3.60 3.73 3.89 4.07 4.26 4.48 '4~72" ii ::::;) 4\99:/' 5.27
54 3.62 3.76 3.92 4.10 4.31 4.53 4.78 ~. Si06 5.35
55 3.65 3.78 3.95 4.14 4.35 4.59 4.85
u5.13
5.43
56 3.67 3.81 3.98 4.17 4.39 4.64 4.91 5.21 5.52
57 3.69 '3.84 4.01 4.21 4.44 4.69 4.98 5.29 5.62
58 3.72 3.66 4.04 4.24 4.48 4.75 5.05 5.37 5.72
59 3.74 3.88 4.07 4.28 4.53 4.81 5.12 5.46 5.82
60 3.76 3.92 4.10 4.32 4.58 4.87 5.19 5.55 5.93
61 3.79 3.95 4.13 4.36 4.62 4.93 5.27 5.64 6.04
62 3.82 3.97 4.17 4.40 4.67 4.99 5.34 5.74 6.16
63 3.84 4.00 4.20 4.44 4.72 5.05 5.42 5.84 62B
64 3.B7 4.03 4.24 4.48 4.77 5.1 I 5.51 5.94 6.41
65 3.90 4.06 4.27 4.52 4.82 5.1e 5.59 6.05 6.54
66 3.92 4.10 4.31 4.57 4.88 5.25 5.68 6.16 6.68
67 3.95 4.13 4.34 4.61 4.93 5.31 5.76 6.28 6_83
68 3.96 4.16 4.38 4.65 4.98 5.38 5.85 6.39 6.98
69 4.01 4.19 4.42 4.70 5.04 5.45 5.94 6.51 7.13
70 4.04 4.23 4.45 4.74 5.09 5.52 6.03 6.63 7.29
71 4.07 4.26 4.49 4.78 5.14 5.59 6.12 i 6.76 7.45
72 4.10 4.29 4.53 4.83 520 5.66 6.22 6.BS 7.62
73 4.13 4.33 4.57 4.87 5.25 5.73 6.31 7.01 7.80.
74 4.16 4.36 4.61 4.92 5.31 .5.80 6.40 7.'4 7.97
75 4.18 4.39 4.65 4.96 5.36 5.87 6.50 7.27 8.15
76 4.22 4.43 4.68 5.01 5.42 5.94 6.59 7.40 8.33
77 4.25 4.46 4.72 5.05 5.47 6.00 6.68 7.53 8.52
78 4.28 4.49 4.76 5.10 5.52 6.07 6.77 7.66 B.71
79 4.31 4.53 4.80 5.14 5.58 6.14 6.87 7.79 8.89
80 4.34 '4.56 4.83 5.18 5.63 6.21 6.96 7.92 9.08 .
MINIMUM INCOME AMOUNTS FOR AGES NOT SHOWN AND MINIMUM INCOME AMOUNTS PAYABLE OTHER THAN
MONTHLY WILL BE FURNISHED ON REQUEST. . I
page 5
P03·J 79·5
. ENDORSEMENT
,... p'olicy
The •
tei which this endorsement is attached is amended as follows:
The definition of age is replaced by the following:
•
Age means the insured's age nearest birthday at the beginning of a policy year,
THE OLD LINE LJFElnsurance Company
of America
I . -
J . -,
r~,.
Chailrhan of the Board .-"
E-ANB 970,1
• • I
TABLE OF PREMIUMS AT THE CURRENT AND MAXIMUM RATES FOR THE FACE AMOUNT
AND PREMIUM CLASS OF THIS POLICY.
WE MAY CHANGE THE CURRENT PREMIUM IN ACCORDANCE WITH THE RIGHT TO CHANGE
PREMIUM PROVISION.
CURRENT MAX I tlUM
ANNUAL ANNUAL
LIFE LIFE
POL I CY INSURANCE INSURANCE
YEAR PREtllUM PREMIUM
1- 10 13.530.00 13.530.00
11 13.530.00 105.480.00
12 13.530.00 112.0]0.00
13 13.530.00 118.650.00
. 14 13.530.00 125.960.00
15 13.530.00 134.910.00
16 112.090.00 146.210.00
17 121.610.00 158.910.00
18 132.030.00 174.510.00
19 142.690.00 191;.070.00
20 153.630.00 218.340.00
21 164.110.00 248.060.00
22 174.390.00 284.210.00
23 184.830.00 328.290.00
24 196,090.00 381.780.00
25 208.970.00 446.660:00
26 222.600.00 524.600.00
27 236.690.00 610,190.00
28 252.870.00 70)'870.00
29 272.270.00 786.330.00
30 296.140.00 841.890.00
31 324.340.00, 869.640.00
32 354.860.00 884.570.00
33 389'; 750. 00 896.580.00
34 427.880.00 996,320.00
35 431.650.00 914.310.00
36 434.770.00 920.910.00
37 437.380.00 926.450.00
38 439.650.00 931, 250 .00
39 441.680.00 935.550.00
RENEWABLE LEVEL TERM LIFE POLICY -- INDETERMINATE PREMIUM
INSURANCE PAYABLE IN EVENT OF DEATH PRIOR TO EXPIRY DATE
I
PREMIUMS PAYABLE DURING TERM
I
NO DIVIDENDS
SO-RCT 79-8
I
LAS:T PAGE
LPT-2000 15 YEAR
LPTl5
THE OLD LINE LIFE INSURANCE COMPANY OF AMERICA BELTRAN, HARRY W
707 NORTH ELEVENTH STREET STE 6
POLICY NO MM0112648 MILWAUKEE,WISCONSIN 53201 5918 MCPHERSON RD
INSURED JULIO A YANEZ AGE 56
" ANNUAL PREMIUM GUARANTEED
POLICY ANNUAL PREMI UM (MAX' MUM RATES 1 DEATH PAYMENT
YEAR .(TU RRENT-A AlE 5.1--1·5 HA LLNOI_E XCEED_R ~:r.E.5_S1iOWN BELOW) BEGIN. OF YR .
./.::,:.. :~ ~ 13530.00 1000000
1 13530.00 1000000
2 '';',':':'"'' 13530.00 13530.00
3 ......... ', 13530.00 13530.00 1000000
4 13530.00 13530.00 1000000
1000000
•
5 '.. 13530.00 13530.00
,'.
6 . Ii
I ..'
13530.00 IJ530.00 1000000
7 .,- )" I
1J530.00 lJ530.00 1000000
8 \.::'::.:;;~ " 13530,00 13530.00 1000000
9 lJ530.00 13530.00 1000000
10 13530.00 13530.00 1000000
11 13530.00 105480.00 1000000
12 13530.00 112070.00 1000000
13 lJ530.00 116650.00 1000000
14 13530.00 125960.00 1000000
15 13530.00 134910.00 1000000
16 112090.00' 146210.00 1000000
17 121610.00 158910.00 1000000
16 132030.00 /74510.00 1000000
19 142690.00 194070.00 1000000
20 153630.00 218340.00 1000000
AT AGE 82 13530.00 135JO.00 1000000
AT AGE 65 lJ5JO.00 13530.00 1000000
• COST INDEXES
CURRENT RATES
MAXIMUM RATES
LifE INSUR. NET PAYMENT COST INDEX
10TH YR.-
lJ.5J
13.53
20TH YR.-
J 3. 23
6 Johns. 22
LIFE INSlJR. SURRENDER COST INDEX
10TH YR.-
13.53
13.53
20TH YR.-
33.23
.00
THE CURRENT PREMIUMS ILLUSTRATED ASSUME ANNUAL RENEWABLE PREMIUMS AfTER THE LEVEL TERM PERIOD.
THE COLUMNS OF THIS REPRESENTATION DO NOT REfLECT THE fACT THAT, BECAUSE OF INTEREST, A DOLLAR IN
THE fUTURE HAS . LE~S VALUE THAN A DOLLAR TODAY.
-AN EXPLANAT ION Of THE INTENDED USE Of THE l I FE INSURANCE COST INDEXES I S PROVIDED IN THE LifE
INSURANCE BUYERS GUIDE. .
IMPORTANT NOTICE - DURING THE THIRTY DAY PERIOD FROM THE DATE OF DELIVERY OF THIS POLICY, IT MAY BE
SURRENDERED TO TIlE COMPANY fOR CANCELLATION AND A fULL REFUND Of ANY MONEY PAID.
fT20 1011312000
",
.--.- ~.;:
- .... -:-.,
Iil 002
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Me I!iStJRA.'iC'E PI:.\KNI1(G Iill002
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hot.W4'1 rA ?--J01f
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THE OL • NE LIFE Insurance ~mpany:;; tme'icO -• .
ANSWERS 10 MEOICA~ EXAMINER
. PartBof .
..
~ ·-:~
....... M.D.
00 Nor DETACH _ MAlt ENTUlE fORM o~iECru'"'I'CtiHE HOME oFFle'
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.-v' "I,~_t<.J. ;Dnf!ti.
the !.Xa:nirnr.iQrl at
mlr( be P:'l:l9~ ClWI2d
Addre~ 0' """"'" ""inO LAREDO,· TEXAS- ............... .
0", _ ............... (9561[~~1ii~~··············
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ALVAREZ & NOTZON, L.L.P.
Al'TOa.....,ffiyS AT L\W
PATRICIAO. ALVAREZ* 413 SHILOH DRIVE ?IARIO BORDINI
MARCEL i.:. NOTZON, III LAREDO,~'S~S ERIN MCNIECE STRIMPLE*"
ALBERT M. GUTIERREZ, III (956) 71i-SS8() 111 SOLEDAD, SUITE 1775
EUSAMAR SOTO (9;6) 71?8S17 (FA.'<) SA.'1 A;",ONIO, ~
, 78205
JESUS GUILLEN E-AfaiJ: poa@nl!CScorp.ner (210) 225·2..">99 and 225·2266 (FAX)
*AJ$Ol,=$edinRM:id~
E-~1aiI: mcn@nNSCorp.net
http://www.-afl."Z.I.ez-notzon.com
**BoudCuri5~-P~o~aJlnjuryTn:uLaw
November 1, 2001
VIA FACSIMILE TRANSMISSION (214/654-6024)
AND CMRRR # 7000 1530 0001 07322168
Ms. Patti Wadsworth
Claims Department
OLD LINE LIFE INSURANCE COMPANY
P.O. Box 5844
Dallas, Texas 75235
Re: Policy No. MM0112648
Insured : ,fulio Yanez
Dear Ms. Wadsworth:
This firm represents Rufina Reyes' de Yanez, Julio Arturo Yanez-Reyes, Ricardo
Yanez-Reyes and Maria Isabel Yanez-Reyes (collectively referred to here as
"Claimants"), with respect to the handling of the life insurance benefits and denial of
I
benefits under Policy No. MM0112648 ("The Policy") issued by your company to Julio
Yanez for $1 million death benefits. The Claimants are the named beneficiaries of The
Policy proceeds. . " . I
On May 26. 2001, Julio Yanez passed away. At the time of his de'!th, The Policy
was in full force. Subsequent to Julio Yanez' death, a request was made for payment of
the policy benefits. After your company superficially investigated t~e Claimants'
entitlement to The Policy benefits'. it denied the claim through a letter dated October 5,
2001 authored by you. The basis of the denial was twofold: (1) th~t Julio Yanez
allegedly advised a medical examiner hired by your company that he had not been I
1 On June 6. 2001, your company sent an investigator to interview my clients. The inierview was
I
conducted in English, despite the fact that the investigator was advised that their command of the
English language was poor.
EXHIBIT
.
8
Ms. Patti Wadsworth
November 1, 2001
Page 2
• •
treated for blood pressure prior to August 17, 2001; and (2) that the his health changed
before the first premium was fully paid. /,
As you know, Julio Yanez was bom and raised in Mexico and spoke little English.
Julio Yanez purchased The Policy in reliance that the same would providel coverage to
his family in the event of his death. At the time that your company negotiated The
Policy, Julio Yanez had another policy in effect. In reliance of your company's
representations that he would be afforded coverage notwithstanding thai he smoked
and that he had a history of high blood pressure, Julio Yanez agreed td purchase a
policy from your company, and forego coverage under the other life insura'nce policy in
, effect at the t i m e . , /'
The Policy premiums JUlio Yanez paid your company were in an amount greater
than the usual premiums given that Julio Yanez disclosed that he was al smoker and
that he had high blood pressure. Your company agreed to underwrite the insurance
I
knowing of these risks. Your denial is therefore unfounded, and I am aksuming it is
based on alleged misrepresentations on the part of Julio Yanez.
It is true that in Texas an insurer may deny a claim or cancel a policy on the
basis of the insured's misrepresentation. However, the insurer must fir'st prove five
elements: (1) the making of the representation; (2) the Jalsity of the repre~entation; (3)
the insurer's reliance on the representation; (4) the insured's intent tb deceive in
making the representation; and (5) the materiality of the representatioh. Mayes v.
Massachusetts Mut. Life Ins. Co., 608 S.W.2d 612,616 (Tex.1980); Oarbyv. Jefferson
Ufe Ins. Co., 998 S.W.2d 622 (Tex. App.-Houston [l't Dist.] 1995, no writ);
Republic-Vanguard Life Ins. Co. v. Walters, 728 S.w.2d 415, 418 (TexApp.-Houston
[1 st Dist.] 1,987, no writ). . /
As stated above, Julio Yanez spoke little English. His understanding of this
language was virtually null. In addition, the application for insurance that rle signed was
not filled out by him-in fact, the only writing in the application that lis his is the
signature. The Policy was never explained to him, and your company made no effort to
send a representative to go over the terms and conditions that you now ciaim preclude
coverage. Moreover, as stated above, at the time that the policy applicati6n was made,
your company was advised that 'Julio Yanez was a smoker and that he h6d high blood
pressure. Accordingly, tlie third element of the Mayes test set forth abov~ (reliance by
the insurer) is not met. I ,
Under Texas law, reliance is established when the insurer does Inot know the
representations are false. See Koral Indus., Inc. v. Security- Connecticu\ Life Ins. Co.,
788 S.w.2d 136, 146 (Tex.App.-Dallas), writ denied per curiam, 802, S.w.2d 650
(Tex.1990) (finding that actual knowledge of falsity defeats misrepresenta:~ion defense);
John Hancock Mut. Life Ins. Co. v. Brennan, 324 S.W.2d 610, 614 (Tex.Civ.App.-San
Antonio 1959, writ refd n.r.e.) (finding no reliance when insurer's independent
.... ;- ... Ms. Patti Wadsworth
November 1, 2001
Page 3
• •
investigation reveals false answers). On the other hand, if the' insurer knows of the
misrepresentations and, despite this knowledge, issues the policy, the? the insurer
cannot later deny the claim on the basis that misrepresentations were made on the
I
application. Darby, 998 S.w.2d at 628. Under these circumstances, the insurer is
found not to have reli.ed on the representations of the insured. Id..
Intent to deceive, the fourth element of the Mayes test, may be established as a
matter of I?w when the applicant warrants the representations to be trJe of there is
collision with the insurance agent. Darby, 998 SW.2d at 628; Estat~ of Diggs v.
Enterprise Ufe Ins. Co., 646 S.w.2d 573, 576 (Tex.App.--Houston [1st Di~t.J 1982, writ
refd n.r.e.). Texas law requires that the insurer plead and prove that the insured made
the misrepresentation "willfully with the intent to deceive or to induce the insurance
company to issue the policy." Enserch Corp. v. Shand Morahan & Co., 952 F.2d 1485,
1486 (5th Cir.1 992); see also Bates. v. Jackson Nat'l Ufe Ins. Co., 927 F! Supp. 1015,
I
1019-20 (S.D. Texas 1996); Bundick v. National Life & Accident Ins. Co.! 509 F.Supp.
584,585 (W.D.Tex.1980), aff'd, 636 F.2d 311 (5th Cir.1981).
The fifth element, a material misrepresentation in an insurance application, does
not defeat recovery if the misrepresentation was made innocently and in good faith.
Bates, 927 F. Supp. At 1019-20; Adams v. John Hancock Mut. Life Ins. Co., 797
F. Supp. 563, 566 (W.D.Tex.1 992), aff'd, 49 F.3d 728 (5th Cir.1995); seel Bundick, 509
F. Supp. at 585-86; see Odom v. Insurance Co. of the State of Pa., 455 S.W.2d 195,
199 (Tex.1970). Intent to deceive!, however, cannot be presumed from th~ existence of
material misrepresentations alone. In Washington v. Reliable Life Ins. Co., the Texas
Supreme Court rejected the insurance company's reliance on the ru[~ of Odom to
establish the defense of misrepresentation as a matter of law. 581 S.W.2d 153, 160
(Tex. 1979). The court found that compliance with Odom "does notl automatically
establish the defense of misrepresentations, for there is still outstanding the issue of
intentional deception, upon which [the insurance company] had the burden of proof." Id.
The court acknowledged that Odom denied recovery without requiring a finding of
intent, but distinguished that aspect of the case, noting that Odom concerned violations
of warranties rather than representations and that there was strong evidence of
~u~.M I
In Flowers v. United
. Ins. Co. of Am., the court, likewise, held that , an insured's
mere knowledge of his or her health condition is insufficient to prove intent to deceive as
a matter of law. 807 SW.2d 783,.786 (Tex. App-Houston [14th dist] 1991, no writ).
The court found that the insurer's showing that the insured knew about his heart
condition and made false statements conceming his health did not prove the insured's
intent to deceive. Id. Similarly, in Estate of Diggs, the First Court of Appea[s held that
the fact that the insured misrepresented his health condition was insuffici~nt to establish
intent to deceive as a matter of law. 646 SW.2d at 575-76. The court I
found that,
absent a warranty or collusion, an intent to deceive could not be presumed when the
insured, who had a long history of heart ailments, made false statiements in his
.. ~. ... Ms. Patti Wadsworth
November 1, 2001
Page 4
• •
application. Id. at 576. In a later decision,'the same appellate court statJ that "intent
to deceive or induce the issuance of an insurance policy can never be 'proved as a
matter of law to establish the defense of misrepresentation. Intentional deception must
I
be pled and proved as a matter of fact." Cartusciel/o v. Allied Life Ins. Co.! 661 SW.2d
285,288 (Tex. App.-Houston [1't Dist.]1983, no writ).·
In sum Ms. Wadsworth, your company issued a policy to Julio Yanez knowing of
the risks involved. At no time did Mr. Yanez hide those facts to your corrtpany. At no
time did Mr. Yanez faIl~d to disclose the same, specially given that the application for
insurance was not filled out by him (he did not speak enough English to understand its
rr:ea~ing). It is our position that you should have explained the terms ofithe policy to
him In a language he understoodand/or In a way that was understandable to him, and
that your company took a risk knowing .well that Mr. Yanez had had high blood
pressure. ' . I
The denial of coverage and the manner in which your company (directly and/or
through its agent) handled the situation described above constitutes a viblation of the
Deceptive Trade Practices - Consumer Protection Act ("OPTA") ana the Texas
Insurance Code. Specifically, your company has engaged in unconscionable action'or
course of action. In addition, your company, has engaged in the following unfair
methods of competition, unfair and deceptive acts or practices, and/or unf~ir settlement
practices. ' . I
(1) Making ... or causing to be made ...any... statement misrepresenting the
terms of any policy issued or to be issued the benefits o~ advantages
promised thereby: .. or making any misrepresentation to anylpolicy holder
.insured in any company for the purpose of inducing or tending to induce
I
such policyholder to lapse, forfeit, or surrender his insurante; Art. 21.21
Tex. Ins. Code, Section 4(1);
(2) Making, publishing, disseminating, circulating or placing before the public
causing, directly or indirectly, to be made, published, ~isseminated,
circulated placed before the public... in any... way... [a] statement
containing ay assertion, representation, or statement with respect to the
business of insurance or with respect to any person in the bonducl of his
insurance business, which is untrue, deceptive, or misleadihg; Art. 21.21
Tex. Ins. Code, Section 4(2); I
(3) With respect to a claim by an insured or beneficiary: (i) misrepresenting
to a claimant a material fact or policy prOVision relating to coverage at
a
issue; and (ii) failing to attempt in good faith to effectuate prompt, fair,
and equitable settlement of a claim with respect to WhicH the insurers
liability has become reasonably clear; ... [and[ (iv) failing to provide
promptly to a policyholder a reasonable explanation of the basis in the
.. '
Ms. Patti Wadsworth
November 1. 2001
Page 5
policy. in relation to the facts or applicable law. for the insurers denial of a
claim or for the offer of a compromise settlement of a claiM; Art. 21.21
Tex. Ins. COd.e. Section 4(10); . I
(4) Mlsrepresentmg an msurance policy by: (a) making an untrue statement
of material fact; (b)failing to state a material fact that is neceJsary to make
other statements made not misleading. considering the dircumstances
under which the statements were made; (cl making a state'ment in such
manner as to mislead a reasonably prudent person to a fal~e conclusion
of a material fact; ... or (e) failing to disclose any matter required by law to
be disclosed, including failure to make disclose in accbrdance with
another provision of this code. Art. 21.21 Tex. Ins. Code. Section 4(11);
(5) I
Causing confusion or misunderstanding as to the source. sponsorship.
approval. or c-ertification of goods or services; Tex. Bus. & Comm. Code.
Section 17A6(~);' . I.
(6) Representing that...servlces have approval. charactenstics .... uses,
benefits" or quantities which they do not have; Tex. Bus. & Comm. Code,
Section 17.46(5); .
(7) Representing that any agreement confers or involves rights, remedies, or
obligations which it does not have or involve; Tex. Bus. & Comm. Code.
Section 17.46(12); I
(8) Misrepresenting the authority of a salesman, representative or agent to
negotiate the final terms of a consumer transaction; Tex. Bus. & Comm.
Code, Section 17.46(14); I .
(g) The failure to disclose information conceming: .. services which was known
at the time of the transaction if such failure to disclose su6h information
was intended to induce the consumer into a transaction ihto which the
consumer would not have entered had the information b~en disclosed;
Tex. Bus. & Comm. Code. Section 17.46(23). I
As consequence of your acts andlor omissions, the Claimants are entitled to
recover economic damages from your company. Moreover, it is Claimahts' belief that
you and your company acted knowingly and intentionally, as those tem1s are used in
Section 17.50(b)(i) of the DTPA. As a consequence of you knowing ~nd intenflonal
acts andlor omissions. the Claimants are entitled to recover from you and your company
actual damages for mental anguish. as well as additional damages. Therefore, the
Claimant is entitled to recover from you total damages of at least $1,000;000.00, which
represents The Policy benefits, plus mental anguish suffer~d as a result ~f the w~ongful
denial of benefits and. possibly, treble damages. At thiS Juncture. howeyer. Claimants
i
I
Ms. Patti Wadsworth
November 1,2001
Page 6
• •
made for payment of The Policy benefits of $1 million. . I
only wish to obtain what they believe is rightfully theirs. Accordingly, demand is hereby
In addition, the Claimants are entitled to recover reasonable ani:! necessary
attorney fees and costs incurred in prosecuting the claims against y6u and your
company. To date, the Claimants have incurred attorney's fees and costs in the amount
of $5,000.00, in investigating and preparing the claims against you and yoLr company.
In the event that these claims are not resolved without the necessity bf filing and
prosecuting a lawsuit against you, the Claimants will incur substantikl additional
attorney's fees and costs through the ultimate disposition of the lawsuit. !Accordingly,
demand is hereby made for payment of attorney's fees in the amount of $5,000.00.
This demand for attorney's fees is being made under the OTPA and undet Chapter 38
of the Texas Civil Practice & Remedies Code on the grounds that ydui company
breached its contract with Julio Yanez. I
This demand letter is sent to you and your company for the purpose of notifying
you that the Claimants have a claim against you and that they wish, in good faith,
attempt to resolve these claims. If this matter is not resolved within Sixty (60) days,
alease be informed that the Claimants will pursue any legal right available to them
against you and your company. I
I hope that we can resolve this issue amicably and without the necessity of
asserting other causes of action, including bad faith and breach of contract·, or incurring
unnecessary litigation expenses. Please call me if you have any questions. I remain,
Very truly yours,
~VAREZ & NOTZON, L.L,P.
~~Qi;-
Patricia O. Alvarez
POA:pat
ex: Yanez Family
904 Delwood
Laredo, Texas 78045-2119
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EXHIBIT 2
'r6J1/ I'll
• CITATION
•
2002CVFOOOl82 D1
I' J
THE STATE OF TEXAS
NOTICE TO THE DEFENDANT: 'YOU HAVE BEEN SUED. YOU MAY\ EMPLOY
AN ATTORNEY. IF YOU OR YOUR ATTORNEY DO NOT FILE ,~ ~ITT~
ANSWER WITH THE CLERX WHO ISSUED THIS CITATION BY 10:00 :;A.M.. ON. '0-
THE MONDAY NEXT FOLLOWING THE EXPIRATION OF TWENTY DAYS ,~!l- y ~~.,~.~
WERE SERVED THIS <;ITATION AND PETITION, A DEFAULT . MA;t~, B ::' ._
TAKEN AGAINST YOU . , \, ,%'1=" .~~:::
TO: OLD LINE LIFE INSURANCE COMPANY OF NORTH AMERICA. AN AHERIcJ\ :::i)2 ~~~,
12750 MERIT DRIVE STE 1424 ("OLD LINE") BY SERVING ITS '- - d C,%~'
DALLAS, TX 75251 ATl'ORNEY FOR SERVICE. MR. Dm" ".~-;"
. '"-?-.
Defendant(s), in the hereinafter styled and numbered cause: ~
You are hereby commanded to appear before. the
49TH DISTRICT COURT of Webb county, Texas, to be held at the
courthouse of said County in the City of Laredo, Webb county,
Texas, by filing a written answer to the petition of plaintiff at
or before 10 o'clock A.M. of the Monday next after the expiration
of 20 days after the date of service hereof, a copy of which
accompanies this citation, in cause no.! 2002CVF000182 D1, styled:
Plaintiff (s), RUFINA REYES DE YANEZ' ET AL
VS.
Defendant(s), OLD LINE LIFE INSURANCE COMPANY OF NORTH AMERICA, AN AMERICAN
GENERAL COMPANY, ET AL
Said Plaintiff's Petition was' filed in said court, by
PATRICIA 0 ALVAREZ
415 SHILOH DRIVE
LAREDO, TX and filed on 02/11/2002.
WITNESS MANUEL GUTIERREZ,
Clerk of the county and District Courts
Webb County, Texas.
Issued and given under my hand and seal of said Court at
office, this 11 day of February, 2002.
C L E R K o F C 0 U R T
MANUEL GUTIERREZ, DISTRICT CLERK
'- ,::.
1110 VICTORIA, P.O. BOX 567 .-
LAREDO, TEXAS 78042-0667
•
" ,
•
OFFICER'S RETURN
Came to hand on the (f)-1A- day of ~~. , ~ at f!@
0' ch".ck a·M. Executed at UV7XO t1J Pt.:04 "' within the count:\,
-of' 'O~ fVItUR... r/.e.b;:A....n.c-. i'!t~ ~iL/:l1.{
at o'clock =.M. on the ,;;;l:;2.!,I...day of
~ , 20~ by delivering to the w~thin named
_ " IV ~ , each, in person, a true copy
of this citation together with the accompanying copy of the
petition, having first attached such copy of such petition to
such copy of citation and indorsed on such copy of citation the
date of delivery.
The distance actually traveled by me in serving such process
was miles, and my fees are as follows:
Total fee for serving this citation ! -; ,~.
~2l
(1&-
To certify which witness my hand officially
(Sherjff
----rf)4W- ;t 6~ 0.---- (Constable
~(~~~=~~~______________ county, Texas
By_________________________ Deputy.
THE STATE OF TEXAS }
COUNTY OF WEBB }
Before me, the undersigned authority, on this day personally
appeared , Who after being duly sworn,
upon oat~h---s~a~i~d~t~h~a~t~a~n~o~t~i~c~e~,-o~f~which the above is a true copy,
was by hL________________ ____________________________________
~
to ____________________________________on the
day of
------------------,
SWORN TO AND SUBSCRIBED BEFORE ME on the day of
to certify which witness my hand
and seal of office.
TITLE
.'"
STATE OF TEXAS
• §
•
COUNTY OF WEBB §
BEFORE ME, Ibeundersigned authority, on this day personally appeared
cmW,!- d! 'd.~
, ~ , who after being duly sworn, upon oath said that
a notice, of which the attached is a true and current copy of:
WASSERVEDAT: 18'75l2 m~ D-c . .,J.{,., I If,P-( ~~/;/¥.
~~,d?7JaiL
To:D..MI.1fh ~
__--=.-. on this tJte d D tit ~ of
_1.L.....""'-1l.k-:::..::...._ _ _-', 200 I.
Cy)"J }em
3/22/2002 Answer Answer
ORIGINAL ANSWER OF DEFENDANT HARRY BELTRAN ADN SUSANO CASTILLO, JR.,
DBA FINANCIAL PLANNING. (CM)
4/01/2002 Filing Papers File Paprs
CERTIFICATE OF WRITTEN DISCOVERY ( REQUEST FOR DISCLOSURE TO
DEFENDANTS.}CM
4/12/2002 Filing Papers File paprs
NOTICE OF INTENTION TO TAKE ORAL DEPOSITION OF AMELIA DUNN WITH
SUBPOENA DUCES TECUM. (CM)
NOTICE OF INTENTION TO TAKE ORAL DEPOSITION OF JAMES DUNN WITH
SUBPOENA DUCES TECUM. (CM)
NOTICE OF FILING. (CM)
4/23/2002 Filing Papers File Paprs
CERTIFICATE OF WRITTEN DISCOVERY (PF)
5/01/2002 Filing Papers File paprs
NOTICE OF INTENTION TO TAKE ORAL DEPOSITION OF STEVE LOU JENSEN WITH
SUBPOENA DUCES TECUM. (CM)
5/14/2002 Filing Papers File paprs
1ST AMENDED NOTICE OF INTENTION TO TAKE ORAL DEPOSITION OF STEVE LOU
JENSEN WITH SUBPOENA DUCES TECUM. (CM)
5/15/2002 Filing Papers File paprs
CERTIFICATE OF WRITTEN DISCOVERY. (CM)
5/17/2002 Filing Papers File paprs
CERTIFICATE OF WRITTEN DISCOVERY (PF)
6/03/2002 Filing Papers File paprs
PLAINTIFFS' FIRST AMENDED ORIGINAL PETITION (PF)
Filing Papers File paprs
CERTIFICATE OF WRITTEN DISCOVERY (PF)
Filing Papers File paprs
WEB B C 0 U N T Y J U D I C I A L S Y S T E M
CIVIL CASE DOCKETS
Webb County Courts - Live PAGE
DATE 7/09/15 MV0260
TIME 14:09:44 DCCMG
==============================================================================
CASE NUMBER . : 2002CVF000182 D1
CERTIFICATE OF WRITTEN DISCOVERY (PF)
6/04/2002 Filing Papers File Paprs
NOTICE OF FILING. (RULE 11 AGREEMENT)CM
6/06/2002 Filing Papers File Paprs
CERTIFICATE OF WRITTEN DISCOVERY. (CM)
6/12/2002 Filing Papers File Paprs
PLAINTIFF'S SPECIAL EXCEPTIONS TO OLD LIFE INSURANCE COMPANY'S
ORIGINAL ANSWER; PLAINTIFF'S MOTION TO COMPEL HARRY BELTRAN TO RESPOND
TO REQUEST FOR DISCLOSURE, WITH FIAT FOR SETTING AND ORDER. (CM)
7/01/2002 Filing Papers File Paprs
RULE 11 AGREEMENT (ATTY. AMY B. BOYEA) (PF)
Filing Papers File Paprs
DEFENDANT OLD LINE LIFE INSURANCE COMPANY OF NORTH AMERICA'S FIRST
AMENDED ANSWER (PF)
7/03/2002 Filing Papers .File paprs
PLAINTIFFS' SECOND AMENDED ORIGINAL PETITION (PF)
7/09/2002 Filing Papers File paprs
NOTICE OF FILING (PF)
7/10/2002 Filing Papers File Paprs
RULE 11 AGREEMENT (ATTY. AMY B. BOYEA) (PF)
Filing Papers File Paprs
CERTIFICATE OF WRITTEN DISCOVERY (PF)
7/17/2002 Filing Papers File Paprs
CERTIFICATE OF WRITTEN DISCOVERY. (CM)
CERTIFICATE OF WRITTEN DISCOVERY. (CM)
7/19/2002 Filing papers File paprs
CERTIFICATE TO THE ORAL DEPOSITION OF JULIO ARTURO YANES-REYES
MAY 23, 2002 (PF)
7/22/2002 Filing Papers File Paprs
CERTIFICATE OF WRITTEN DISCOVERY (PF)
7/24/2002 Filing Papers File Paprs
CERTIFICATE TO THE ORAL DEPOSITION OF RICARDO YANEZ-REYES MAY 23,
2002. (CM)
Citation Citation
FOUR (4) CITATIONS ISSUED BY CERTIFIED MAIL (FORTIS INSURANCE CO. AND
FORTIS INVESTORS INC.) (PF)
7/25/2002 Filing papers File Paprs
NOTICE OF INTENTION TO TAKE ORAL AND VIDEO DEPOSITION OF JOHN O'NEILL
GREEN . (CM)
. -1
WEB B C 0 U N T Y J U D I C I A L S Y S T E M
CIVIL CASE DOCKETS
Webb County Courts - Live PAGE
DATE 7/09/15 MV0260
TIME 14:09:44 DCCMG
~~==================================================== ========================
CASE NUMBER : 2002CVF000182 D1
8/01/2002 Returns Returns
RETURN RECIEPT REQUESTED AS TO: ?ORTIS INVESTORS, INC, BY
SERVING: ERIN FENQEL, DOS: JULY 29TH 2002. (CM)
Filing Papers File Paprs
CERTIFICATE TO THE ORAL DEPOSITION OF RUFINA REYES DE YANES MAY 22,02
(DG)
Filing Papers File Paprs
CERTIFICATE TO THE DEPOSITION OF RUFINA REYES DE YANES 5/23/02 (DG)
8/02/2002 Returns Returns
RETURN RECIEPT REQUESTED AS TO: FORTIS INSURANCE CO., BY SEVING
ANDREW G. JUBINSKSY, SIGNED BY CORY SCHULTZ, DOS: JULY 29TH 2002. (CM)
8/07/2002 Filing Papers File Paprs
RETURN OF SUBPOENA, AS TO: JOHN O'NEILL GREEN, DOS: JULY 25TH 2002.
(CM)
8/16/2002 Order Order
FIAT: PLTS. MOTION FOR DOCKET CONTROL CONFERENCE, SET FOR HEARING ON:
SEPT 3RD 2002, AT 8AM., NOTICES OF SETTING FAXED TO ATTORNEYS
GARY CRAPSTER, ADRIAN A. GONZALEZ, THOMAS F. A. HETHERINGTON AND
AMY B. BOYEA. (CM)
Court Case Assignment Case Assgn
Court date/time: 9/03/2002 8:00:00
Assignment of court date/time.
Status entered as Open
Hearing Hearing
Hearing Type entered as DockCtlCof
Hearing Type code 115: DockCtlCof
8/19/2002 Filing Papers File Paprs
DEFENDANT FORTIS INVESTORS, INC. 'S ORIGINAL ANSWER; DEFENDANT
FORTIS INSURANCE COMPANY'S ORIGINAL ANSWER. (CM)
8/21/2002 Filing Papers File Paprs
CERTIFICATE OF WRITTEN DISCOVERY. (CM)
9/05/2002 Filing Papers File Paprs
NOTICE OF FILING. (CM)
9/11/2002 Filing Papers File Paprs
NOTICE OF CANCELLATION OF NOTICES OF INTENTION TO TAKE ORAL DEPOSITION
OF NEIL HASTY AND PATTI WADSWORTH CURRENTLY SET FOR SEPT. 12, 2002,
PLAINTIFFS' REQUEST FOR OLD LINE LIFE INSURANCE COMPANY OF AMERICA'S
PRIVILEGE LOG. (CM)
9/12/2002 Filing Papers File paprs
REPORTER'S CERTIFICATION ORAL DEPOSITION OF HARRY BELTRAN, MAY 21ST
2002 VOLUME 1. (CM)
9/17/2002 Filing Papers File Paprs
WEB B C 0 U N T Y J U D I C I A L S Y S T E M
CIVIL CASE DOCKETS
Webb County Courts - Live PAGE
DATE 7/09/15 MV0260
TIME 14:09:44 DCCMG
==============================================================================
CASE NUMBER . : 2002CVF000182 D1
PLAINTIFF'S MOTION TO COMPEL OLD LINE LIFE INSURANCE COMPANY TO RESPON
TO PLAINTIFF'S FIRST SET OF INTERROGATORIES, REQUESTS FOR PRODUCTION
AND REQUESTS FOR PRODUCTION, AND REQUESTS FOR ADMISSIONS AND SECOND
SET OF REQUESTS FOR PRODUCTION AND FOR SANCTIONS AGAINST OLD LINE
AND/OR ITS ATTORNEYS. (CM)
9/19/2002 Filing Papers File Paprs
PLAINTIFFS' CERTIFICATE OF WRITTEN DISCOVERY; (PLAINTIFFS' SECOND
SET OF REQUESTS FOR ADMISSION ( NOS. 2-54) TO DEFENDANT, OLD LINE LIFE
INSURANCE COMPANY OF NORTH AMERICA, AN AMERICAN GENERAL COMPANY)
PLAINTIFFS' MOTION TO COMPEL OLD LINE LIFE INSURANCE COMPANY TO
RESPOND TO PLAINTFFS' FOURTH SET OF REQUESTS FOR PRODUCTION;
WITH FIAT FOR SETTING. (CM)
9/24/2002 Order Order
PLAINTIFF'S MOTION TO COMPEL HARRY BELTRAN TO RESPOND TO REQUEST FOR
DISCLOSURE SET FOR HEARING ON: OCTOBER 1ST 2002, AT 8AM,PLAINTIFF'S
MOTION TO COMPEL OLD LINE LIFE INSURANCE COMPANY OF NORTH AMERICA, AND
FOR SANCTIONS, PLAINTIFF'S SPECIAL EXCEPTIONS TO OLD LINE LIFE INS.
COMPANY'S ORIGINAL ANSWER, PLAINTIFF'S MOTION TO COMPEL OLD LINE LIFE
INSURANCE COMPANY OF NORTH AMERICA TO RESPOND TO THEIR FOURTH SET OF
REQUESTS FOR PRODUCTION, SET FOR HEARING ON: OCT. 1ST 2002, AT 8A.M.,
NOTICES OF SETTING FAXED TO ATTORNEYS PATRCIA O. ALVAREZ, GARY CRAPSTE
R, THOMAS F. A. HETHERINGTON, LARRY MORENO, ADAN GONZALEZ. (CM)
Court Case Assignment Case Assgn
Court date/time: 10/01/2002 8:00:00
Assignment of court date/time.
Status entered as Open
Hearing Hearing
Hearing Type entered as Mtn/Compe1
Hearing Type code 66: Mtn/Compel
Court Case Assignment Case Assgn
Court date/time: 10/01/2002 8:01:00
Assignment of court date/time.
Status entered as Open
Hearing Hearing
Hearing Type entered as Motions
Hearing Type code 37: Motions
Order Order
PRE TRIAL GUIDELINE ORDER FORM, JURY TRIAL SET FOR: MAY 19TH 2003,
WITH FINAL PRE TRIAL SET FOR MAY 15TH 2003 AT 8AM. (CM)
Court Case Assignment Case Assgn
Court date/time: 5/19/2003 8:00:00
Court date/time: 5/15/2003 8:00:00
Assignment of court date/time.
Assignment of court date/time.
Status entered as Open
Status entered as Open
Hearing Hearing
Hearing Type entered as Jury Trial
Hearing Type entered as Pre-Trial
WEB B C 0 U N T Y J U D I C I A L S Y S T E M
CIVIL CASE DOCKETS
Webb County Courts - Live PAGE
DATE 7/09/15 MV0260
TIME 14:09:44 DCCMG
==============================================================================
CASE NUMBER . : 2002CVF000182 D1
Hearing Type code 4: Jury Trial
Hearing Type code 2: Pre-Trial
9/30/2002 Filing Papers File Paprs
PLAINTIFFS' THIRD AMENDED PETITION. (CM)
NOTICE OF FILING ( SEPTEMBER 27, 2002 PERTAINING TO MOTIONS TO COMPEL
AND SPECIAL EXCEPTIONS.)
NOTICE OF FILING. ( SEPT. 27, 2002, PERTAINING TO ORIGINAL POLICY,
FORTIS DISC. D/L, INSPECTION OF POLICY. )CM
10/01/2002 Filing Papers File Paprs
CASE CALLED JUDGE FLORES PRESIDING. C.R. B. HILL, ATTORNEYS FOR
PLTS. AND DEFENDANTS FILED A RULE 11 AGREEMENT, NO LONGER NEEDING
THE HEARING SET FOR THIS MORNING. (CM)
Filing Papers File Paprs
RULE 11 AGREEMENT. (CM)
CERTIFICATE OF WRITTEN DISCOVERY. (CM)
Filing Papers File Paprs
PLAINTIFF'S FOURTH AMENDED ORIGINAL PETITION. (CM)
10/03/2002 Filing Papers File paprs
NOTICE OF FILING ( DEPOSITION NOTICE OF OLD LINE LIFE. )CM
10/04/2002 Filing Papers File Paprs
CERTIFICATE OF WRITTEN DISCOVERY. (CM)
10/09/2002 Filing Papers File Paprs
DEFENDANT OLD LINE LIFE INSURANCE COMPANY OF NORTH AMERICA'S SECOND
AMENDED ANSWER. (CM)
10/21/2002 Filing Papers File Paprs
FORTIS INVESTORS, INC. 'S AND FORTIS INSURANCE COMPANY'S SPECIAL
EXCEPTIONS TO PLAINTIFFS' FOURTH AMENDED ORIGINAL PETITION. (CM)
(WITH FIAT FOR SETTING ATTACHED.)CM
10/31/2002 Order Order
ORDER SETTING HEARING (FORTIS INS. CO. 'S AND FORTIS INVESTORS INC. 'S
SPECIAL EXCEPTIONS TO PLAINTIFFS FOURTH AMENDED ORIGINAL PETITION SET
FOR NOV. 12, 2002 AT 8:00 A.M.) NOTICE FAXED TO ADRIAN A. GONZALEZ,
LARRY MORENO, AMY BOYEA, GARY CRAPSTER AND PATRICIA ALVAREZ (PF)
11/01/2002 Court Case Assignment Case Assgn
Court date/time: 11/12/2002 8:00:00
Assignment of court date/time.
Status entered as Open
Hearing Hearing
Hearing Type entered as Spcl/excpt
Hearing Type code 65: Spcl/excpt
11/05/2002 Filing Papers File Paprs
PLAINTIFFS' MOTION TO COMPEL OLD LINE LIFE INSURANCE COMPANY TO
WEB B C 0 U N T Y J U D I C I A L S Y S T E M
CIVIL CASE DOCKETS
Webb County Courts - Live PAGE
DATE 7/09/15 MV0260
TIME 14:09:44 DCCMG
==============================================================================
CASE NUMBER . : 2002CVF000182 D1
PRODUCE ORIGINAL POLICY OF INSURANCE FOR SAFEKEEOING BY THE JUDGE OF
THE 49TH DISTRICT COURT (WITH FIAT ATTACHED) (PF)
11/06/2002 Filing Papers File Paprs
CERTIFICATE OF WRITTEN DISCOVERY. (CM)
11/08/2002 Order Order
FIAT: PLTS. MOTION TO COMPEL OLD LINE LIFE INSURANCE COMPANY OF NORTH
AMERICA TO PRODUCE THE ORIGINAL OF TERM LIFE POLICY NO. MM0112648,
SET FOR NOV. 12TH 2002, AT 8AM, NOTICES OF SETTING FAXED TO ATTORNEYS
PATRICIA O. ALVAREZ, GARY CRAPPSTER, THOMAS F. A. HETHERINGTON
LARRY MORENO, AD AN GONZALEZ. (CM)
Court Case Assignment Case Assgn
Court date/time: 11/12/2002 8:00:00
Assignment of court date/time.
Status entered as Open
Hearing Hearing
Hearing Type entered as Mtn/Compel
Hearing Type code 66: Mtn/Compel
Filing Papers File Paprs
DEFENDANT OLD LINE LIFE INSURANCE COMPANY'S RESPONSE TO PLAINTIFF'S
MOTION TO COMPEL OLD LINE INSURANCE COMPANY TO PRODUCE ORIGINAL POLICY
OF INSURANCE FOR SAFEKEEPING BY JUDGE OF THE 49TH DISTRICT COURT. (CM)
(WITH PROPOSED ORDER. )CM
11/12/2002 Filing Papers File Paprs
PLAINTIFFS' CERTIFICATE OF WRITTEN DISCOVERY; NOTICE OF APPEARANCE OF
LEAD COUNSEL; NOTICE OF FILING. (CM)
Filing Papers File Paprs
CASE CALLED JUDGE FLORES PRESIDING. C.R. B. HILL, ATTORNEY FOR
PLTS. MR. AD AN GONZALEZ, FOR DEFENDANTS PATRICIA ALVAREZ, AND
GARY C. CRAPSTER, HEARING ON: DEFTS. FORTIS INVESTORS INC. 'S AND
FORTIS INSURANCE COMPANY SPECIAL EXCEPTIONS TO PLTS. FOURTH AMENDED
ORIGINAL PETITION AND PLTS. MOTION TO COMPEL, ARGUEMENTS HEARD BY THE
COURT, AND ORDERED PARTIES TO DEPOSIT THE CERTIFICATE OF INS.
WITH THE COURT, AND DRAFT ORDER AND PRESENT SUCH TO THE COURT FOR
SIGNATURE. (CM)
11/22/2002 Filing Papers File Paprs
MOTION FOR ENTRY OF ORDER. (NO FIAT FOR SETTING ATTACHED. ) CM
11/26/2002 Filing Papers File paprs
CASE CALLED JUDGE FLORES PRESIDING. C.R. CHUCK VELA, ATTORNEY FOR
PLTS. MRS. PATRICIA ALVAREZ, FOR DEFENDANT OLD LINE LIFE INSURANCE
COMPANY, HEARING ON; PLTS. MOTION FOR ENTRY OF ORDER GRANTING THEIR
MOTION TO COMPEL, MOTION IS GRANTED, AGREEMENT READ INTO THE RECORD
WITH AN INCORPORATED WRITING BY ATTORNEY AD AN GONZALEZ. (CM)
ORDER SIGNED IN OPEN COURT, COPY OF ORDER HAND DELIVERED TO ATTORNEYS
IN OPEN COURT. (CM)
12/02/2002 Filing Papers File Paprs
WEB B C 0 U N T Y J U D I C I A L S Y S T E M
CIVIL CASE DOCKETS
Webb County Courts - Live PAGE
DATE 7/09/15 MV0260
TIME 14:09:44 DCCMG
==============================================================================
CASE NUMBER . : 2002CVF000182 D1
PLAINTIFF'S CERTIFICATE OF WRITTEN DISCOVERY. (CM)
12/06/2002 Filing Papers File Paprs
CERTIFICATE OF WRITTEN DISCOVERY. (CM)
PLAINTIFFS' FIFTH AMENDED PETITION. (CM)
1/10/2003 Filing Papers File Paprs
PLAINTIFFS' MOTION TO COMPEL DEFENDANT, OLD LINE LIFE INSURANCE COM PAN
TO RESPOND TO PLAINTIFFS' FIFTH SET OF REQUESTS FOR PRODUCTION (48-49)
AND FOR SANCTIONS AGAINST OLD LINE AND/OR ITS ATTORNEYS. (CM)
1/16/2003 Filing Papers File Paprs
PLAINTIFFS' DESIGNATION OF EXPERT WITNESSES. (CM)
2/20/2003 Filing Papers File Paprs
NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS. (CM)
DIRECT QUESTIONS TO BE PROPOUNDED TO THE WITNESS. (CM)
2/27/2003 Filing Papers File Paprs
FORTIS INSURANCE COMPANY'S AND FORTIS INVESTORS, INC. 'S DESIGNATION
OF EXPERTS. (CM)
Order Order
FIAT: PLAINTIFF'S MOTION TO COMPEL OLD LINE LIFE INSURANCE COMPANY
OF NORTH AMERICA AND FOR SANCTIONS, SET FOR FEB. 28TH 2003, AT 8AM.,
NOTICES OF SETTING FAXED TO ATTORNEY RENE BARRIENTOS, PATRICIA OL
ALVAREZ, GARY CRAPSTER, LARRY MORENO, AD AN GONZALEZ, AS PER COURT
COORDINATOR, HEARING CANCELLED NOTICES WERE NOT FAXED ON TIME, ATTYS
WILL RESUMITT NEW FIAT. (CM)
2/28/2003 Filing Papers File Paprs
FORTIS INVESTOR'S AND FORTIS INSCRANCE COMPANY'S MOTION FOR
CONT INUANCE . (CM)
WITH ORDER FOR SETTING ATTACHED. (CM)
3/21/2003 Filing Papers File Paprs
DEFENDANT OLD LINE LIFE INSURANCE COMPANY'S MOTION TO STRIKE PLAINTIFF
EXPERT WITNESSES; AND ORDER. (NO FIAT FOR SETTING ATTACHED.)CM
3/25/2003 Filing Papers File Paprs
FORTIS INSURANCE COMPANY AND FORTIS INVESTORS, INC'S MOTION TO
PLAINTIFFS' EXPERT DESIGNATION AND ROBINSON CHALLENGE. (CM)
WITH ORDER SETTING HEARING ATTACHED. (CM)
3/31/2003 Filing Papers File Paprs
DEFENDANT OLD LINE LIFE INSURANCE COMPANY'S RESPONSE TO PLAINTIFFS'
MOTION TO COMPEL AND FOR SANCTIONS. (CM)
5/l3/2003 Order Order
ORDER GRANTING FORTIS INSURANCE COMPANY'S MOTION FOR CONTIUNANCE.
( THE TRIAL DATE OF MAY 19TH 2003, BE RESET TO A LATER DATE TO BE
DETERMINED BY THE COURT. )CM
WEB B C 0 U N T Y J U D I C I A L S Y S T E M
CIVIL CASE DOCKETS
Webb County Courts - Live PAGE
DATE 7/09/15 MV0260
TIME 14:09:44 DCCMG
==============================================================================
CASE NUMBER 2002CVF000182 D1
7/07/2003 Filing Papers File Paprs
PLAINTIFF'S MOTION TO COMPEL RESPONSES TO THIRD REQUEST FOR PRODUCTION
AGAINST FORTIS INSURANCE COMPANY AND FORTIS INVESTORS, INC. (CM)
CERTIFICATE OF WRITTEN DISCOVERY. (CM)
WITH FIAT FOR SETTING ATTACHED. (CM)
7/21/2003 Filing Papers File Paprs
FIAT: PLTS. MOTION TO COMPEL PRODUCTION FILED BY MOVANTS, SET FOR
HEARING ON JULY 23RD 2003, AT SAM., NOTICES OF SETTING FAXED TO ATTYS
GARY C. CROPSTER, LARRY MORENO, PATRICIA O. ALVAREZ, AMY B. BOGEA.
(CM)
Court Case Assignment Case Assgn
Court date/time: 7/23/2003 S:OO
Assignment of court date/time.
Status entered as Open
Hearing Hearing
Hearing Type entered as Mtn/Compel
Hearing Type code 66: Mtn/Compel
Filing Papers File Paprs
NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS. (CM)
7/23/2003 Filing Papers File Paprs
CASE CALLED JUDGE FLORES PRESIDING. C.R. B. HILL, ATTORNEY FOR
DEFENDANT'S MR. ADAN GONZALEZ, HEARING ON: PLTS. MOTION TO COMPEL
PRODUCTION, MR. GONZALEZ ANNOUNCED THAT PARTIES HAVE REACHED AN
AGREEMENT ON MOTION TO COMPEL ORDER TO BE SUBMITTED FOR THE COURT. (CM)
Order Order
ORDER GRANTING MOTION TO COMPEL. (CM)
COpy OF ORDER MAILED TO RENE R. BARRIENTIOS, AND LARRY MORENO. (em)
S/04/2003 Filing Papers File Paprs
AMENDED NOTICE OF INTENTION TO TAKE DEPOSITION BY WRITTEN QUESTIONS.
(CM)
8/29/2003 Filing Papers File Paprs
CERTIFICATION NOTICE OF DELIVERY. (CM)
12/12/2003 Filing Papers File paprs
CERTIICATION/NOTICE OF DELIVERY. (CM)
DEPOSITION SUBPOENA TO TESTIFY OR PRODUCE DOCUMENTS OR THINGS. (CUSTODI
AN OF RECORDS FOR: GARZA-GONGORA, DR. ARTURO.)CM
1/20/2004 Filing Papers File Paprs
CERTIFICATION NOTICE OF .DELIVERY. (CM)
DEPOSITION SUBPOENA TO TESTIFY OR PRODUCE DOCUMENTS OR THINGS. (CM)
3/04/2004 Filing Papers File paprs
DOCKET CONTROL ORDER (SIGNED MARCH 1,2004) (FINAL PRE-TRIAL SEPT. 23,
2004 AND TRIAL FOR SEPT. 27, 2004 AT 8:00 A.M.) COpy MAILED TO RENE
BARRIENTOS, AMY B. BOYEA, GARY C. CRAPSTER, LARRY MORENO AND PATRICIA
WEB B C 0 U N T Y J U D I C I A L S Y S T E M
CIVIL CASE DOCKETS
Webb County Courts - Live PAGE
DATE 7/09/15 MV0260
TIME 14:09:44 DCCMG
==============================================================================
CASE NUMBER . : 2002CVF000182 Dl
A. CALDER (PF)
6/28/2004 Filing Papers File Paprs
PLAINTIFF'S SUPPLEMENTAL DESIGNATION OF EXPERT WITNESSES. (CM)
7/29/2004 Filing Papers File paprs
CERTIFICATE OF DISCOVERY. (CM)
8/24/2004 Filing Papers File Paprs
INFORMAL HEARING HELD IN CHAMBERS WITH ATTORNEY ADAN GONZALEZ, AND
MR. BARRIENTOS, HEARING ON MOTION FOR CONTINUANCE, MOTION IS GRANTED
OF TRIAL SETTING ORIGINALLY SET FOR SEPT. 27TH 2004, PARTIES TO
SUBMITT NEW GUIDELINE ORDER FORM TO THE COURT, BY SEPT. 9TH 2004
(CM)
Order Order
ORDER DEFENDANT'S MOTION FOR CONTINUANCE, OF THE TRIAL SET FOR
SEPTEMBER 27TH 2004 IS HEREBY RESET.)CM
10/12/2004 Filing Papers File Paprs
REPORTER'S CERTIFICATION ORAL DEPOSITION OF AMELIA DUNN MAY 21, 2002
VOLUME 1. (CM)
10/19/2004 Order Order
AMENDED SCHEDULING ORDER. ( JURY TRIAL SET FOR MARCH 21ST 2005, WITH
FINAL PRE TRIAL SET FOR MARCH 17TH 2005 AT 8AM.)CM
Court Case Assignment Case Assgn
Court date/time: 3/21/2005 8:00
Court date/time: 3/17/2005 8:00
Assignment of court date/time.
Assignment of court date/time.
Status entered as Open
Status entered as Open
Hearing Hearing
Hearing Type entered as Jury Trial
Hearing Type entered as pre-Trial
Hearing Type code 4: Jury Trial
Hearing Type code 2: Pre-Trial
11/08/2004 Filing Papers File Paprs
LETTER FROM LAW OFFICES OF RENE R. BARRIENTOS, DATED: NOV. STH 2004
TO THE COURT: RULE 11 AGREEMENT, CONVERSATION ON OCT. 26TH 2004, PART I
ES AGREED TO PASS THE MARCH 21ST 2005 TRIAL DATE AND RESET THIS MATTER
FOR THE NEXT AVAILABLE DATE OF APRIL 21ST 2005 AT SAM .. (CM)
Court Case Assignment Case Assgn
Court date/time: 4/21/2005 8:00
Assignment of court date/time.
Status entered as Open
Hearing Hearing
Hearing Type entered as Jury Trial
Hearing Type code 4: Jury Trial
ll/12/2004 Filing Papers File paprs
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WEB B C 0 IT N T Y J IT D I C I A L S Y S T E M
CIVIL CASE DOCKETS
Webb county Courts - Live PAGE
DATE 7/09/15 MV0260
TIME 14:09:44 DCCMG
====================================================== =======================~
CASE NUMBER . : 2002CVF000182 Dl
RULE 11 AGREEMENT. (CM)
1/04/2005 Filing Papers File Paprs
MOTION FOR INSPECTION AND FORENSIC TESTING OF ORIGINAL LIFE INSURANCE
POLICY (WITH FIAT ATTACHED) (PF)
1/05/2005 Filing Papers File Paprs
FIAT (PLAINTIFFS MOTION FOR INSPECTION AND FORENSIC TESTING OF LIFE
ORIGINAL LIFE INSURANCE POLICY SET FOR JAN. 7, 2005 AT 8:00 A.M.)
NOTICE FAXED TO LARRY MORENO, ADAN A. GONZALEZ, GARY CRAPSTER,
PATRICIA A. ALVAREZ, AMY B. BOGEN AND RENE R. BARRIENTOS (PF)
Court Case Assignment Case Assgn
Court date/time: 1/07/2005 8:00
Assignment of court date/time.
Status entered as Open
Hearing Hearing
Hearing Type entered as Fiat
Hearing Type code 51: Fiat
1/07/2005 Hearing Hearing
CASE CALLED. HEARING CANCELLED LETTER FAXED TO IRMA GARCIA (PF)
Filing Papers File Paprs
MOTION FOR INSPECTION AND FORENSIC TESTING OF ORIGINAL LIFE INSURANCE
POLICY (WITH FIAT ATTACHED) (PF)
1/21/2005 Filing Papers File Paprs
PLAINTIFFS' SECOND SUPPLEMENTAL DESIGNATION OF EXPERT WITNESSES.
(FILED BY ATTY RENE R. BARRIENTOS, PATRICIA O. ALVAREZ, ELISAMAR
SOTO FOR THE PLTS') RZ
Filing Papers File Paprs
RULE 11 AGREEMENT (FILED BY ATTY RENE R. BARRIENTOS, PATRICIA ALVAREZ,
ELISAMAR SOTO.) RZ
1/31/2005 Filing papers File Paprs
CERTIFICATE OF WRITTEN DISCOVERY (PF)
2/17/2005 Filing Papers File Paprs
NOTICE OF INTENTION TO TAKE ORAL DEPOSITION OF MARIA ISABEL YANEZ-
REYES (FILED BY ATTY THOMAS F. A. HETHERINGTON) RZ
4/15/2005 Filing Papers File Paprs
PLAINTIFFS' MOTION FOR DISMISSAL AND TAKE NOTHING JUDGMENT
(WITHOUT AN ORDER ATTACHED) RZ
4/20/2005 Court Case Assignment Case Assgn
Court date/time: 4/21/2005 8:00
Status changed from Open to Cance
Filing Papers File Paprs
*IMG* PLAINTIFFS' MOTION FOR DISMISSAL AND TAKE NOTHING JUDGMENT
FILED BY ATTY RENE R. BARRIENTOS AND PATRICIA O. ALVAREZ. RZ
SENT TO SCAN.
WEB B C 0 U N T Y J U D I C I A L S Y S T E M
CIVIL CASE DOCKETS
Webb County Courts - Live PAGE
DATE 7/09/15 MV0260
TIME 14:09:44 DCCMG
==============================================================================
CASE NUMBER . : 2002CVF000182 D1
Filing Papers File paprs
*IMG* TAKE NOTHING JUDGMENT SIGNED 4/18/2005. (AS TO ALL)
COPY OF THE JUDGMENT SENT VIA REG. MAIL AS TO RENE BARRIENTOS
ATTY PATRICIA O. ALVAREZ, ATTY LANEY M. VAZQUEZ, ATTY GARY
CRAPSTER, AND ATTY LARRY MORENO. RZ
SENT TO SCAN.
4/21/2005 Disposition Dispositn
Disposition entered as 495.
Disposition code 495: FinalJudgm
For OLD LINE LIFE INSURA
Disposition Dispositn
Disposition entered as 495.
Disposition code 495: FinalJudgm
For HARRY BELTRAN
Disposition Dispositn
Disposition entered as 495.
Disposition code 495: FinalJudgm
For SUSANO CASTILLO JR
Disposition Dispositn
Disposition entered as 495.
Disposition code 495: FinalJudgm
For D/B/A B&C FINANCIAL
Disposition Dispositn
Disposition entered as 495.
Disposition code 495: FinalJudgm
For FORTIS INSURANCE COM
Disposition Dispositn
Disposition entered as 495.
Disposition code 495: FinalJudgm
For FORTIS INVESTORS INC