In Life Ins. Co. v. Brister, 722 S.W.2d 764 (Tex. App.--San Antonio 1986, no writ), the Fourth Court of Appeals upheld a trial court's certification of a class of employees who alleged that they did not receive disability benefits as promised. See Brister, 722 S.W.2d at 767. The class members alleged breach of contract and misrepresentation based on an employer's written statements in an Employee Benefit Plan. See Brister, 722 S.W.2d at 767. The court had to consider whether common issues predominated in the unique context of a misrepresentation case. See Brister, 722 S.W.2d at 774. The court noted that in consumer actions where the alleged misrepresentations vary with each transaction, individual issues would likely predominate and a class action would not be proper. See Brister, 722 S.W.2d at 774. The court held that the test for whether common questions predominate is not whether common questions outnumber the individual ones, but instead whether common issues will be the object of most of the litigants' and court's efforts. See Brister, 722 S.W.2d at 772. Finally, the court stated that a judgment for the class should settle the controversy except for the individual members providing proof of their claim. See Brister, 722 S.W.2d at 772. The court upheld the class certification, holding that common issues predominated because a single, uniform misrepresentation was alleged. See Brister, 722 S.W.2d at 774.