CPRC 71.005 Prevents Insurance Companies From Accusing Widows Of Extramarital Affairs In Wrongful Death Cases

For many years a common practice of liability insurance companies in wrongful death cases where one of their negligent insured killed a spouse was to start rumors that the surviving spouse and wrongful death claimant had engaged in an extramarital affair and then to investigate their own rumors solely for the purpose of harassing and traumatizing the surviving spouse. Widows in wrongful death cases received some much needed relief from Texas Civil Practices and Remedies Code Section 71.005 which prohibits the defense from “directly or indirectly mentioning or alluding to a … extramarital relationship …”.

In simple terms, you can’t kill someone and then avoid liability to the surviving spouse by accusing the survivor of an extramarital affair.

For more information contact www.earldrottlaw.com.

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