No, says the Texas Supreme Court in a recent decision, Evanston Ins. Co. v. Legacy of Life, 11-0519. In the Legacy case, an insurance company did not want to pay when their insured, a non-profit tissue harvesting organization, sold a deceased woman’s tissue after promising the family that the tissues would only be donated. The children of the woman sued on behalf of themselves and the mother’s estate.
The insurance company asked the court to rule that they were not liable which the court did. The reasoning – neither the mother nor her children owned the body so they could not make a claim based on the way the tissue was sold instead of being donated.
As a side note, in any case involving an insurance company, the Texas Supreme Court always rules in favor of the insurance company so this ruling may be different in a different context where an insurance company is not involved.
Copyright by Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about inheritance laws, inheritance rights, have a family inheritance dispute, a property dispute or want information about contesting a will and need an inheritance lawyer, we can help. Please go to our main site www.texasinheritance.com and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case and there is no fee for the initial consultation.
