Life Insurance Attorney will quickly learn about Texas Family Code, Section 9.301. This sections says that a spouse named as a beneficiary in a life insurance policy is automatically excluded upon divorce. One of the first cases that discusses this issue is a 1981, Eastland Court of Appeals opinion. It…
Articles Posted in Life Insurance
Life Insurance Claim Lawyer – Which Law Applies?
Life insurance lawyers need to read this 2022, opinion from the Fort Worth Court of Appeals. The opinion is styled, Government Personnel Mutual Life Insurance Company v. Lincoln Factoring. Many times where a person buys an insurance policy, where they die, where a beneficiary resides, or what the contract says…
Interpleader Cases
Life Insurance claims are usually the type of claims that involve an interpleader action. Here is a 2022, opinion from the El Paso Court of Appeals that involves an interpleader, however, the interpleader is related to the proceeds of an auto liability policy that involved a death. Irregardless of the…
Incontestability Periods In A Life Insurance Policy
The incontestability period of an insurance policy is one of the most important parts of a life insurance contract. Life insurance policies must contain an incontestability clause — a provision that the policy will be incontestable after it has been in force during the lifetime of the insured for two…
Life Insurance And Discovery Of A Misrepresentation
Life Insurance Lawyers need to be aware of Texas Insurance Code, Section 705.005. This statute says in relevant part that an insurance company may use as a defense a misrepresentation made in the application for or in obtaining an insurance policy only if the insurance company shows at trial that…
Life Insurance Attorney – Suicide
What if a life insurance company denies a claim for life insurance benefits based on their contention that the insured committed suicide? A 1982, opinion from the 14th District Court of Appeals styled, Parchman v. United Liberty Life Insurance Company, correctly states that life insurance policies typically exclude suicide as…
Life Insurance Claims Attorneys – Paying Wrong Person
Life insurance claims attorneys have information about how life insurance claims should be handled that is valuable to someone who believes they have been wronged by an insurance company. It will occasionally happen that the life insurance company pays the wrong person as the beneficiary of the policy. Texas Supreme…
Life Insurance Attorney And Insurable Interest
To be able to recover from a life insurance policy a person has to be named as a beneficiary, the majority of the time. However, even if a person is named as a beneficiary they still have to have an insurable interest in the deceased to be able to recover.…
Life Insurance Claims
Experienced Life Insurance Attorneys need to understand the areas of dispute that arise in the context of life insurance. Life insurance is fairly straightforward. If the insured dies during the policy term, the insurance company pays the benefits. The following are some ways that disputes may arise. a. The life…
Fraud By The Insurance Agent
Life Insurance lawyers who read this Blog, or for that matter, anybody who reads this Blog eventually learns that there are many wrongs an insurance agent will commit to get a sale. Most of their income from an insurance company is based on getting a percentage of the premiums. In…