What are some of the rules related to the naming of a spouse as the beneficiary in a life insurance policy? One spouse can designate his or her estate as the beneficiary of the policy, at the expense of the other spouse, absent a showing of actual or constructive fraud. …
Who is entitled to life insurance benefits? This may seem an easy answer and is most of the time, but not always. According to the Texas Supreme Court and Texas Insurance Code, Section 1103.102, the designated beneficiary of a life insurance policy generally is entitled to the proceeds upon the…
It is not an issue seen often by life insurance lawyers, but it does come up. When is the date coverage is in effect? Most policies expressly state the “effective date” of coverage. This date may be earlier than, or later than, the date the first premium is paid or…
The Texas Insurance Code spells out in law a few things that life insurance companies cannot do in their life insurance policies. Between the Texas Department of Insurance and the Texas Legislature here are a few things that are written into law. A policy of life insurance cannot limit the…
Life insurance coverage is fairly straightforward. If the insured dies during the policy term, the insurer pays the benefits. The following reasons are some ways that disputes may arise: An agent may misrepresent the benefits of his insurer’s policy to induce the insured to switch from another company. An agent…
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, and the policy has no value. Term policies do not accrue cash value. Because…
As any ERISA attorney can tell you, the rules surrounding ERISA are tough. This is illustrated in a Fifth Circuit opinion styled, Kimberly D. Hendrix v. Prudential Insurance Company of America, et al. Hendrix appeals the summary judgment granted against her on her ERISA claims arising out of a life…
Whether you are an attorney in a small town like Hamilton or Evant Texas or the Dallas Fort Worth metropolitan area, life insurance lawyers can tell you that the most common reason claims for life insurance benefits being denied is that there was a misrepresentation in the policy application. A…
Life Insurance Lawyers in the Dallas and Fort Worth area will see situations on a regular basis where the person who died had a life insurance policy naming the other spouse as the beneficiary – but there was a divorce later and the policy naming the ex-spouse was never changed. …
It’s bad enough when private insurance companies mistreat life insurance beneficiaries but an April 2017, story from the Chicago Tribune shows that the U.S. Government does the same thing. The story is titled, USPS Agrees To $49 Million Settlement For ‘Dawdling” In Paying Life Insurance Beneficiaries. It’s bad enough for…