BEAUMONT – The Ninth Court of Appeals today granting a summary judgment win in favor of an insurance broker in a lawsuit seeking payment of proceeds from a life insurance policy following her husband’s death.
In October 2019, plaintiff Linda Sykes filed suit against Protective Life Insurance and James White, an insurance broker.
Court records show that Sykes non-suited Protective and that White filed a motion for summary judgment, which was granted by Judge Baylor Wortham, 136th District Court, on the grounds Sykes’ claims were barred by the statute of limitations.
Sykes’ husband died on March 2, 2019. When she applied for payment under the policy, she was advised that her husband had cashed in the policy and taken the proceeds before he died. She also learned that premium payments stopped in 2011 and that the policy was terminated for failure to pay in 2012.
On appeal, Sykes argued that the statute of limitations was tolled because her injury was inherently undiscoverable.
The Ninth Court found the trial court did not err by granting White Summary judgment.
“The evidence reflects that Linda failed to exercise due diligence because she did not read the policy application or the policy in her possession and because she did not ask her husband or the insurance agent for information to verify contractual performance,” the opinion states. “A party that has not exercised due diligence may not claim the injury was inherently undiscoverable.”
Appeals case No. 09-20-00227-CV
Trial case No. D-204793