Use this button to switch between dark and light mode.

Experience a New Era in Legal Research with Free Access to Lexis+

Wyly v. Integrity Ins. Solutions

Wyly v. Integrity Ins. Solutions

Court of Appeals of Texas, Fourteenth District, Houston

October 18, 2016, Opinion Filed

NO. 14-15-00042-CV

Opinion

 [*904]  Appellant Benson Scott Wyly appeals an order granting summary judgment in favor of Integrity Insurance Solutions ("Integrity"). We reverse and remand.

I. Background

Appellant purchased a Glassair III aircraft in Bristol, Tennessee, that was to be transported to League City, Texas. Appellant contacted Garner Geisler, an insurance agent for Integrity, to obtain insurance for the plane in transit. Geisler contacted Heather Camp, a broker for U.S. Risk, Inc., and a policy was obtained from Essex Insurance Co. After the plane arrived in League City, appellant discovered the plane had been damaged in transit. Essex denied coverage and appellant sued Integrity, U.S. Risk and Essex. All three defendants filed motions for summary judgment. On October 13, 2014, the trial court granted summary judgment in favor of Integrity. On October 22, 2014, the trial court entered a final judgment dismissing all of appellant's claims against all three defendants. Appellant only appeals the trial court's judgment as [**2]  to Integrity.

The record reflects appellant sued Integrity for negligent representation, breach of fiduciary duty, deceptive trade practices, violations of section 541.061 of the Texas Insurance Code, and the negligent training, hiring, and supervision of Integrity's agent, Geisler. On October 8, 2014, appellant filed a Notice of Partial Non-Suit of his causes of action against U.S. Risk, and his claims against Essex and Integrity for the negligent training, hiring, and supervision of Geisler. In its final judgment, the trial court granted appellant's Notice of Partial Non-Suit and Integrity's traditional and no-evidence motion for summary judgment. See Tex. R. Civ. P. 166a (b), (i). In his brief, appellant only contends the trial court erred in granting summary judgment in favor of Integrity on his claims under the DTPA and the Insurance Code.

II. Standard of Review

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

502 S.W.3d 901 *; 2016 Tex. App. LEXIS 11264 **

BENSON SCOTT WYLY, Appellant v. INTEGRITY INSURANCE SOLUTIONS, Appellee

Prior History:  [**1] On Appeal from the 10th District Court Galveston County, Texas Trial Court Cause No. 13-CV-0583.

CORE TERMS

coverage, plane, insured, misrepresentation, affirmative misrepresentation, summary judgment, no-evidence, trial court, policies, loading, summary judgment motion, violations, no evidence, grant summary judgment, unloading, reply, terms, full coverage, issue of fact, matter of law, common-law, non-movant, grounds, contributory negligence, insurance agent, mistaken belief, representations, misrepresented, aircraft, contends

Civil Procedure, Judgments, Summary Judgment, Evidentiary Considerations, Appeals, Summary Judgment Review, Standards of Review, Burdens of Proof, Movant Persuasion & Proof, Nonmovant Persuasion & Proof, Evidentiary Considerations, Scintilla Rule, Entitlement as Matter of Law, Appropriateness, Motions for Summary Judgment, Supporting Materials, Antitrust & Trade Law, Trade Practices & Unfair Competition, State Regulation, Claims, Torts, Business Torts, Unfair Business Practices, Consumer Protection, Deceptive & Unfair Trade Practices, State Regulation, Business & Corporate Compliance, Industry Practices, Unfair Business Practices, Unfair Trade Practices Acts, Fraud & Misrepresentation, Scope, Defenses, Misrepresentations, Rolling & Twisting