What if the person who is the named beneficiary of a life insurance policy, intentionally caused the death of the insured? Who gets the money? Pursuant to the 1987, Texas Supreme Court opinion, Crawford v. Coleman, a beneficiary who willfully participates in bringing about the insured’s death, either as a…
Who is the named beneficiary primary beneficiary under the policy and will that person always be the person who receives the policy benefits is a question many life insurance attorneys are asked by prospective client. This issue is discussed in a 1981 Eastland Court of Appeals opinion styled, Pilot Life…
Are spouses always entitled to life insurance benefits when the other spouse dies? Life insurance lawyers need to be able to discuss this with prospective clients. One spouse can designate his or her estate as the beneficiary of the policy, at the expense of the other spouse, absent any showing…
For attorneys handling life insurance claim, a 1998, opinion from the Corpus Christi Court of Appeals is a good read. The opinion is styled, Camp v. Camp. In this opinion, Rebecca Camp (“Rebecca”) appeals a summary judgment denying her the proceeds of her deceased husband’s term life insurance policy. Rebecca…
Life Insurance cases run a wide gamut of issues. Here is a 1997, Austin Court of Appeals decision that deals with the denial of life insurance benefits due to an aviation exclusion. The style of the case is, Board of Trustees of the Employees Retirement System of Texas v. Linda…
Life insurance claim denials are more common than most people realize. The majority of denials have to do with the allegation by the life insurance company that the insured misrepresented their health in the life insurance application. The second most common reason has to do with exclusions in the policy.…
Attorneys who handle claim denials in accidental death cases need to know the opinions handed down by the courts on these types of claim. Here is a 1997, opinion from the Dallas Court of Appeals. The opinion is styled, Grant v. Group Life & Health Insurance Company. Grant used a…
Life Insurance lawyers will run into situations where a life insurance company knows they owe the life insurance proceeds but they are unsure who is entitled to the money. There are many ways this can arise such as a beneficiary isn’t named or the person named as a beneficiary has…
Here is an interesting life insurance case that takes us down a different path as it relates to what happened. This is a Memorandum Order issued by a Magistrate Judge in the Northern District of Texas, Dallas Division. The case is styled, Delaware Life Insurance Company of New York v.…
Here’s is another situation that a Life Insurance Claim Attorney will learn quickly. It deals with life insurance beneficiaries and divorces. This is a 1987 opinion from the 14th Court of Appeals. It is styled, Novotny v. Wittner. It stands for the proposition that a pre-divorce designation of a former…