Texas Hill Country life insurance lawyers will tell you that a life insurance policy has to be read carefully. This even means that the initial application has to also be read very carefully. This is illustrated in a 1999, San Antonio Court of Appeals opinion. The opinion is styled, Carolyn…
Articles Posted in Life Insurance
Life Insurance Application
Granbury life insurance lawyers need to read this 1975, Texas Supreme Court opinion. It is styled, Johnson v. Prudential Insurance Company of America. This is a suit to collect benefits under a group life insurance policy. Prudential resisted payment based on their assertion that the deceased willfully deceived the company…
Life Insurance Misrepresentation – Age
The Galveston Court of Appeals issued an opinion in 1938 that is still good law. The case is styled, Texas State Life Insurance Company v. Freeman Barton. This is an appeal from a trial to the Judge wherein Texas State was ordered to pay the life insurance proceeds to the…
Life Insurance Sitting Around?
Have you ever wondered if someone has left you an insurance policy you do not know about. The Los Angeles Times published an article in March 2017, that you might find interesting. It is titled, How To Score A Piece Of California’s $365 Million In Unclaimed Life Insurance Benefits. It…
Life Insurance And Citizenship Status And ERISA
Llano life insurance agents need to know about this case from the United States 5th Circuit. It is a 2011 opinion styled, Araceli Medina Garcia v. American United Life Insurance Company. Araceli’s husband, Salvador, died in a car accident. He had a policy with American through his employer. The policy…
Life Insurance Policy – Misrepresentation And Cause Of Death
Dallas and Tarrant County life insurance lawyers should read this case from 1932. It is important to point out that this case has been disapproved by a later court but the idea behind the case is still relevant to arguing similar facts. The case is styled, First Texas Prudential Insurance…
Mason Life Insurance Lawyers
If you are a Mason County Texas life insurance lawyer, here is a 1967, Tyler Court of Appeals opinion you need to know. The opinion is styled, Southern Life & Health Insurance Company v. Gordon Grafton. This lawsuit resulted from the denial of life insurance benefits from Southern Life to…
Wrong Age On Insurance Application
What can happen when the wrong age is on a life insurance application? If you are a Mason County insurance lawyer, you should read this Northern District, Dallas Division, opinion. It is styled, Jackson National Life Insurance Company v. Lance Robbins, et al. On a prior opinion in this case,…
Insurance Application Misrepresentations And Their Importance
Mason Texas insurance attorneys need to know a few basics about insurance law when discussing potential cases and the surrounding facts with a client. To begin with – When is a representation in an insurance application important? According to a line of cases, including (1) a 2014 federal case styled,…
Life Insurance – To Void Policy, There Must Be Intent To Deceive
Mason life insurance lawyers must understand that for an insurance company to prevail on a defense of misrepresentation, the insurer must prove the intent to deceive. This is discussed in a 2013, Dallas Court of Appeals opinion styled, Medicus Insurance Company v. Frederick Todd, II, M.D. Medicus provides medical malpractice…