Life Insurance lawyers will eventually receive a phone call wherein the potential new client complains that the life insurance company quit making agreed upon payments for the life insurance from the potential client’s bank account. Here is a 2023 opinion from the Southern District of Texas, Victoria Division, that discusses…
Life insurance lawyers and other attorneys dealing with insurance companies will often speak of the insurance company “duty of good faith and fair dealing.” This issue is discussed in a 2023 opinion from the Northern District of Texas, Dallas Division. The opinion is styled, Avery D. Ensley v. Genworth Life…
Life Insurance Attorney must read this 2023 opinion from the Texas Supreme Court. The opinion is styled, American National Insurance Company v. Bertha Arce. This is arguably the most important life insurance opinion in many years in Texas and centers around whether or not the insurer must prove intent to…
Life insurance lawyers will tell you that the answer to the titled question is dependent on the wording of the insurance policy and the facts of the case. This issue was discussed in the 1979, Fort Worth Court of Appeals opinion styled, Leach v. Eureka Life Insurance Company of America.…
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 discussed in the 1967, Texas Supreme Court opinion styled, McFarland v. Franklin Life Ins.…
Here is a life insurance case that went to trial in 2023. The case is styled, Mirna Guzman v. Allstate Assurance Company. The case was tried in the Northern District of Texas, Amarillo Division. Allstate filed a declaratory judgment action against Guzman to have the life insurance policy she had…
Imagine this. A life insurance claim is denied. The beneficiary goes to an attorney who makes sends a demand letter to the life insurance company demanding payment and monies for their bad faith actions. In response to the demand letter the life insurance company sends the policy proceeds, plus interest. …
Can someone who is not related by blood have a pecuniary interest in the life of another as it relates to life insurance policy? This answer is discussed in a 1942, Texas Supreme Court opinion styled, Drane v. Jefferson Standard Life Ins. Co. Here is what the court discussed in…
Who are those who have an insurable interest in the life of a person? The answer is usually obvious, but not always. Here’s an answer. Those who have an insurable interest in the life of another fall into three general classes: The first category is one so closely related by…
Life insurance lawyers know that a beneficiary of a life insurance policy must have an “insurable interest” in the life of the insured. Those who have an insurable interest in the life of another fall into three general classes: (1) one so closely related by blood or affinity that he…