Life insurance lawyers know there are provisions that are illegal for an insurance company to put into a life insurance policy. These provisions are found in the Texas Insurance Code, Sections 1101.051 to 1101.055. Pursuant to these sections of the Texas Insurance Code, no life insurance policy may be issued…
Dallas life insurance lawyers know provisions that must be included in life insurance policies. The Texas Insurance Code, Section 1101.003(a), states that an insurance policies must contain several prescribed provisions. Pursuant to Section 1101.002(b), a single premium life insurance policy is not required to contain a provision under this sub-chapter…
Here is a curious 1933 opinion from the Texas Court of Commission of Appeals. It is styled, American National Insurance Co. v. Huey. This is a case wherein an insurance agent is alleged to have misrepresented the terms of an insurance policy wherein the insured was to receive monthly benefit. …
Area life insurance attorneys need to know the reasons an insurance company can rescind an insurance policy. In addition to the common law standards, several statutory provisions regulate an insurer’s ability to avoid coverage based on a misrepresentation by the insured. These are found in Texas Insurance Code, Chapter 705.…
Parker County life insurance lawyers know how the courts look at warranties in life insurance policies. As stated in the 1997, 5th Circuit opinion styled, Riner v. Allstate Life Insurance Company, “Warranties in insurance applications are strongly disfavored in the law, and even fairly obvious attempts to create warranties in…
Aledo life insurance attorneys need to know the difference between a misrepresentation in a life insurance policy application and a condition precedent. There is an important distinction between statements by the insured that are considered to be representations and those considered to be conditions precedent. If the insured’s statement is…
Lawyers handling accidental death life insurance policies would want to read all cases dealing with this subject. Here is a 5th Circuit opinion styled, Abdul Salam Badmus v. Mutual of Omaha Insurance Company. In August 2010, Mutual issued an Accidental Death Policy to Selem Babtunde Badmus (Selem), providing a $750,000…
The Northern District of Texas, Dallas Division ruled on an interpleader case recently. It is styled, Primerica Life Insurance Company v. Sherry Purselley, et al. The co-defendants in this case are Henslee, Lee, and Sherry Purselley. This is an effort to determine who owns the life insurance proceeds at issue.…
Fort Worth insurance lawyers need to be aware of a life insurance policy’s incontestability clause. All life insurance policies must contain an incontestability clause, which is a provision that the policy will be incontestable after it has been in force during the lifetime of the insured for two years from…
Arlington life insurance lawyers know the requirements insurance companies must meet to successfully defend a life insurance case based on the defense of misrepresentation. Misrepresentation in the policy application is the most common reason for denial of a claim for benefits. The Texas Insurance Code, Sections 705.001 to 705.005, prohibits…