Most life insurance policies are regulated by State Law. But, what if the life insurance policy at issue is governed by Federal Law? It’s simple, Federal Law pre-empts State Law. This is illustrated in the 2001, United States Supreme Court opinion styled, Egelhoff v. Egelhoff. The Egelhoff opinion, the Supreme…
Here are a few cases discussing who is entitled to life insurance benefits. All life insurance attorneys have to know these cases. The Forth Worth Court of Appeals said in a 1994 opinion styled, Street v. Skipper, that one spouse can designate his or her estate as the beneficiary of…
Here is a 1994 opinion regarding whether an estate can be the beneficiary of a life insurance policy. The opinion is from the Fort Worth Court of Appeals and is styled Street v. Skipper. Here the Court held the surviving wife’s share of proceeds from community life insurance policy that…
Some life insurance policies have language in them regarding divorces. This was the case in the 1981 opinion from the Eastland Court of Appeals. The opinion is styled Pilot Life Insurance Co. v. Koch. This is a declaratory judgment case. Here are the facts legal conclusion of the Court. Pilot…
How does a divorce affect the named beneficiary in a divorce decree? This is answered in a 1987 opinion from the 14th Court of Appeals. The opinion is styled, Novotny v. Wittner. The opinion is an appeal from a bench trial. Here is are the facts and discussion. Appellant and…
Life insurance and a subsequent divorce will present problems, one of which was addressed by the United States 5th Circuit Court of Appeals. This is a June 2024, opinion styled, Transamerica Life Insurance Company v. Holly L. Moore versus Jeffrey H. Simpson. Texas Family Code, section 9.301 generally operates to…
In order to the be a beneficiary of a life insurance policy, the beneficiary must have a beneficiary interest. So what does that mean? This question is discussed at length in the 1894, Texas Supreme Court opinion styled, Cheeves v. Anders. 1. Insurable Interest — Public Policy. It is against…
he question presented here is in the title. If the named beneficiary of a life insurance policy causes the death of the insured, does the beneficiary still get the life insurance proceeds. The Texas Slayer’s Rule is found in the Texas Insurance Code, Section 1103.151. It says: Sec. 1103.151. FORFEITURE.…
There are situations where the person named as a beneficiary under a life insurance is responsible for the death of the named insured. It doesn’t seem right that the person who kills an insured should be able to recover the life insurance benefits. Well, it isn’t fight and there is…
In the previous post, Texas Family Code, Section 9.301 is cited for the way Texas, and most other states, handles how an ex-spouse beneficiary are treated regarding a designation of beneficiary in a life insurance policy. It important to know that when the life insurance policy is a policy governed…