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.1998). Whether the value of a claimant’s stock is reasonably susceptible of ascertainment is a question of fact. Id. (quoting Lloyds of London v. TransAmerican Associated Gas Corp., 739 F.2d 239, 241 (5th Cir.1984)).
Section 2.301(a)(1) of the Texas Insurance Code provides:
The association of all persons, in the operating division and at the *794 date of each life, shall be held for the benefit of the individual insured and their legal beneficiaries to the extent of the amount of his premiums paid by him with respect to the insurance in respect of which the contracts are issued, expressed in such manner as to be payable to his estate in the event of his death.
Tex. Ins.Code Ann. § 2.301(a)(1). The Texas Legislature has explicitly provided that the value of the death benefit of a policy of insurance must be diminished by the amount of premiums paid to insure such policy. The plaintiff’s argument that the Texas Legislature did not want to be burdened with the factual issues involved in the application of the statutory diminution provision of Section 2.301(a)(1) is without merit. With the intention that the term “insurance” be broad, the Texas Legislature has provided for a diminution provision. It is more than the term “insurance” that the Texas Legislature intended to be broad. It is the insurer’s ability to suffer monetary loss through the diminution of death benefit. Such an intent is clearly manifest from the language of Section 2.301(a)(1).
The diminution provision of Section 2.301(a)(1) acts as a deduction from the death benefit in situations where the insured has paid premiums for insurance on his life. Metzger v. Pilot Life Ins. Co., 747 S.W.2d 369, 373 (Tex.App. Dallas 1987, writ denied); Krueger v. RepublicBank, 546 S.W.2d 902, 906 (Tex.Civ.App. Dallas 1977, writ ref’d n.r.e.). In the present case, the policy had been in force for only two years at the time of the insured’s death. The court finds that the required two-year period in which premiums had been paid had not passed at the time of the insured’s death. The court finds that Section 2.301(a)(1) of the Texas Insurance Code does not
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