The life insurance application must be attached to the life insurance policy. Any experienced life insurance attorney in the Dallas and Fort Worth area can tell you this. It is emphasized in a Texas Supreme Court case in 1975, styled, Johnson v. Prudential Insurance Co. of America. This is a…
Articles Posted in Life Insurance
Temporary Life Insurance Policy
Here is an interesting twist for local life insurance attorneys. This is a 1997, Fifth Circuit Court of Appeals case. It is styled, Riner v. Allstate Life Insurance Company. Riner sued Allstate after Allstate refused to pay benefits under a temporary insurance agreement on the life of her father, Robert…
Application As Part Of The Policy
Fort Worth life insurance lawyers can tell you that a policy of life insurance must have attached to it, a copy of the application. Texas Insurance Code, Section 705.103 clearly states: Except as otherwise provided by this code, a life insurance policy must be accompanied by a copy of: (1)…
Denial Of Life Insurance Claim Based On A Misrepresentation In An Application
Dallas insurance lawyers will see lots of situations where a person has their life insurance claim denied for the stated reason that the insured made a misrepresentation in the application for insurance. There are a few common law rules standards that apply. It is also important at this stage to…
Rescission Of Insurance Policy
Texas insurance lawyers need to have an understanding about the reasons an insurance can properly rescind a policy or to put it another way – the reasons an insurance company cannot properly rescind a policy. As a general principle, prior to a loss an insurance company has the right to…
Life Insurance Claims Denial
Fort Worth life insurance lawyers need to read the 1983 case Gloria Cartusciello v. Allied Life Insurance Company of Texas. The case is from the Houston Court of Appeals [1st Dist.]. The facts are simple and virtually undisputed. Michael Cartusciello obtained a credit life insurance policy from the Allied after…
There Must Be Intent To Deceive
Palo Pinto life insurance lawyers who handle life insurance claims that are denied need to read this case from the Houston Division of Texas Southern District. The case is styled, Kirk v. Kemper Investors Life Insurance Company. The case deals with misrepresentations made in an application for life insurance. This…
Misrepresentation – Knowledge of Agent
Dallas and Fort Worth Life insurance attorneys need to read this 2006, opinion from the United States District Court, Southern District of Texas, Houston Division. The style of the case is, Kirk v. Kemper Investors Life Insurance Company. This case arises from a life insurance policy issued by Defendant Kemper…
Intent To Deceive
Life insurance attorneys in the Dallas and Fort Worth area need to know this 1991 case. It deals with how an insurance company must prove “intent to deceive” when asserting that an applicant for insurance has misrepresented their health in a life insurance policy. The case, from the Houston Court…
Misrepresentation In Life Insurance Application
Dallas life insurance lawyers want to know this case. It is from the San Antonio Court of Appeals and styled, Garcia v. John Hancock Variable Life Insurance Company. This is an appeal of a summary judgment granted in favor of John Hancock. In support of its motion for summary judgment,…