Employee Retirement Income Security Act (ERISA) cases are difficult at best. But finally, here is a win in the courts. The 5th Circuit issued a ruling on June 13, 2018, in favor of a claimant. The case is styled, Ester Hill White v. Life Insurance Company of North America. Among…
Married persons naming their spouse as a beneficiary in a life insurance policy is common and maybe even the most often seen beneficiary under a life insurance policy. However, Texas law makes clear that a spouse can designate his or her estate as the beneficiary of the policy, at the…
Are spouses entitled to life insurance benefits? That is a normal question in a lot of life insurance cases. Here is some law in that regard. One spouse can designate his or her estate as the beneficiary of the policy, at the expense of the other spouse, absent any showing…
Who is entitled to life insurance benefits is not always an easy answer. The designated beneficiary of a life insurance policy generally is entitled to the proceeds upon the death of the insured. Absent an adverse claim, the insurer may pay the benefits to the designated beneficiary. This is not…
Pinning down the exact date coverage begins can sometimes be a tricky proposition. If an insured dies before a policy becomes effective, there is no coverage. This was discussed in the 1950, Texas Supreme Court opinion, Republic National Life Insurance Company v. Hall. and the 1980, Eastland Court of Appeals…
Life insurance lawyers will see many reasons for denial of life insurance benefits. Occasionally, one of the reasons is that the policy had not become effective at the time of death. Most policies state the “effective date” of coverage. This date may be earlier than, or later than, the date…
Life insurance policies are required to have certain provisions. To begin with, all life insurance policy forms have to be approved by the Texas Department of Insurance. Texas Insurance Code, Section 1101.004 requires that all policies allow a grace period of at least a month. Section 1101.003 requires that the…
Life insurance lawyers will at one time or another see most of the types of disputes that arise in life insurance disputes. When there is a dispute, finding an attorney who deals with life insurance cases who can discuss your case can make a big difference. Here are some of…
Here are some basics about life insurance for a life insurance lawyer to understand. Common life insurance types are term, whole life, and universal life. “Term” policies simply provide a death benefit in return for a premium payment. At the end of the policy year, or “term”, the insurance ends,…
Attention life insurance lawyers. Here is one for you. Is dying from a mosquito bite grounds for recovering under an accidental death life insurance policy? That was the issue in the March 2018, opinion from the United States Court of Appeals for the Fifth Circuit. The case is styled, Gloria…