# Transport Insurance Co. v. Faircloth

> Texas Supreme Court · June 15, 1995 · 898 S.W.2d 269

URL: https://www.frixlaw.com/law-library/cases/9772007

## Case

- **Full name:** TRANSPORT INSURANCE COMPANY, Lindsey & Newsom Claim Services and Janet E. Jones, Petitioners, v. Paula Trippel FAIRCLOTH, Respondent
- **Court:** Texas Supreme Court
- **Decided:** June 15, 1995
- **Citations:** 898 S.W.2d 269; 1995 WL 141437
- **Precedential status:** Published
- **Opinion:** Dissent by Spector
- **Judges:** Gonzalez, Spector, Phillips, Hecht, Cornyn, Enoch, Owen, Hightower, Gammage
- **Cited by:** 340 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9772007

## How later opinions describe it (automated extraction)

- explaining that an appellate court generally may not reverse and render judgment on excluded evidence and that evidence cannot be deemed conclusive in a legal-sufficiency review unless it was actually admitted and the opposing party failed to rebut it
- holding that alleged fraudulent misrepresentations regarding the value of an unliquidated tort claim were not actionable as a matter of law because they were nonactionable expressions of opinion
- holding that an Insurance Code suit under the DTPA § 17.46(b) (23) and an uncon-scionability claim under the DTPA § 17.50(a)(3) were not available to Faircloth because there was no evidence that she was a consumer
- explaining that a court may consider a statement of opinion as an actionable statement of fact if it is made by one who should know another party is justifiably relying on the speaker's superior knowledge
- explaining that a DTPA claim for failure to disclose is "not available" against a defendant which neither induced the plaintiff into a transaction nor withheld information concerning goods or services

## Opinion text

SPECTOR, Justice,
dissenting.
The record in this case contains more than a scintilla of evidence that Transport Insurance Company defrauded Paula Faircloth in the course of settling her claim arising from the death of her mother and stepfather. For that reason, I would modify the judgment of the court of appeals to allow Faircloth to recover on the basis of common-law fraud.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9772007. Public record. Not legal advice.