Mai E. Gilley v. Protective Life Insurance Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• rejecting the contention that an argument first raised in response to a motion for summary judgment is waived on appeal
• reversing and rendering judgment for the adverse party on cross motions for summary judgment.
• “We have held that an argument is waived if the party fails to make the argument in response to summary judgment.” (citation omitted)
• “[T]he doctrine of waiver or estoppel cannot be used to create a primary liability or to increase the coverage of insurance contracts.”
• “We have held that an argument is waived if the party fails to make the argument in response to summary judgment.”
• plaintiff did not mention an issue in complaint or any other time until responding to summary judgment; trial court had to consider that new issue in ruling on motion

Source: CourtListener parenthetical corpus (CC0).