§Why CasetextPricing

Mony Life Insurance Company v. Sweet et al

Brief/Memorandum in Support

27 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Fernandez-Montes v. Allied Pilots Ass'n

    987 F.2d 278 (5th Cir. 1993)   Cited 1,396 times   1 Legal Analyses
    Holding that "conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss."

  3. Jaw the Pointe, L.L.C. v. Lexington Ins. Co.

    58 Tex. Sup. Ct. J. 690 (Tex. 2015)   Cited 103 times   10 Legal Analyses
    Holding that insured could not recover benefits as statutory damages because "the policy did not cover the insured's losses"

  4. Copeland v. Alsobrook

    3 S.W.3d 598 (Tex. App. 1999)   Cited 144 times
    Holding that we make objective determination regarding meeting of minds by reviewing "the communications between the parties and . . . the acts and circumstances surrounding those communications."

  5. Northwinds Abatement, Inc. v. Employers Ins

    258 F.3d 345 (5th Cir. 2001)   Cited 85 times
    Holding that, in determining an award of attorney's fees, a court may consider whether "the requested fees . . . bear a reasonable relationship to the amount in controversy or to the complexity of the case"

  6. Russell v. Russell

    478 S.W.3d 36 (Tex. App. 2015)   Cited 32 times
    Holding party did not prove reasonableness of fees as matter of law because, although opposing party did not present evidence, it cross-examined requesting party's expert about reasonableness of fees requested

  7. Harris v. American Protection

    158 S.W.3d 614 (Tex. App. 2005)   Cited 47 times
    Affirming the trial court's refusal to submit a breach of contract claim to the jury in the absence of evidence that the plaintiff suffered any damages

  8. Ex Parte Gorena

    595 S.W.2d 841 (Tex. 1979)   Cited 93 times
    Holding that former husband was constructive trustee for portion of monthly retirement pay awarded to former wife in divorce decree; therefore obligation to deliver money to former wife was not "debt"

  9. Gray v. Nash

    259 S.W.3d 286 (Tex. App. 2008)   Cited 35 times
    Holding that issues were waived due to inadequate briefing

  10. Douglas v. State Farm Lloyds

    37 F. Supp. 2d 532 (S.D. Tex. 1999)   Cited 42 times
    Holding that “when an insured joins claims under the Texas Insurance Code ... with a bad faith claim, all asserting a wrongful denial of policy benefits, if there is no merit to the bad faith claim, there can be no liability on either of the statutory claims.” (citing Higginbotham v. State Farm Mut. Auto. Ins. Co., 103 F.3d 456, 460 (5th Cir.1997))

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,753 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  13. Section 541.060 - Unfair Settlement Practices

    Tex. Ins. Code § 541.060   Cited 595 times   6 Legal Analyses
    Failing to pay a reasonably clear claim

  14. Section 542.058 - Delay in Payment of Claim

    Tex. Ins. Code § 542.058   Cited 208 times   3 Legal Analyses
    Requiring a wrongful refusal or delay in payment

  15. Section 7.006 - Agreement Incident to Divorce or Annulment

    Tex. Fam. Code § 7.006   Cited 88 times
    Providing for written agreement between divorcing spouses concerning division of property and liabilities of spouses and maintenance of either spouse

  16. Section 9.301 - Pre-Decree Designation of Ex-Spouse As Beneficiary of Life Insurance

    Tex. Fam. Code § 9.301   Cited 35 times   1 Legal Analyses
    Providing for revocation of a former spouse as a life insurance beneficiary

  17. Section 1103.102 - Payment to Designated Beneficiary

    Tex. Ins. Code § 1103.102   Cited 8 times

    (a) Except as provided by Subsection (b) or (c), if an individual obtains a policy insuring the individual's life, designates in writing a beneficiary to receive the proceeds of the policy, and files the written designation with the company, the company shall pay the proceeds that become due on the death of the insured to the designated beneficiary. (b) A company that issues a life insurance policy is not required to pay the proceeds of the policy to a designated beneficiary under Subsection (a)