Whether an insurance plan falls under ERISA (Employee Retirement Income Security Act) or not, is a question routinely asked. However, it is not a question easily answered. A Southern District, Galveston Division opinion helps. The opinion is styled, Kirstin Walker v. Regence Blue Cross Blue Shield of Texas. The is…
Lawyers who handle ERISA (Employee Retirement Income Security Act) claims need to read this opinion from the U. S. Western District, Austin Division. The opinion is styled, Genevie Ilene Maley, et al. v. Minnesota Life Insurance Co. In this case, the insured had, at various times named two beneficiaries. When…
Lawyers who handle hail damage claims understand all too well that in Texas the law regarding concurrent cause is against home owners. But there may be light at the end of the tunnel. An article in The National Law Review is encouraging. The article is titled “Florida Property Insurers Must…
Insurance attorneys have to have an understanding of how warranties work. Sometimes it is hard to tell the difference between insurance and a warranty. An article in the Insurance Journal about Allstate purchasing a warranty company shows how the two can be connected. The title of the article is “Allstate…
Life insurance attorneys can tell you that the life insurance application is very important. This is illustrated in a 1997, United States 5th Circuit opinion. The case is styled, Riner v. Allstate Life Insurance Company. Following his divorce in 1994, Mr. Marriott wanted to replace his life insurance policy, which…
Life insurance lawyers will see a situation where a client’s life insurance claim is denied due to a suicide exclusion in the policy. The 1998 Austin Court of Appeals issued an opinion that deals with this issue. The case is styled, Butler v. Group Life and Health Insurance Company. During…
The reason someone is going to visit with an insurance lawyer is because a claim the person has made is being denied by their insurance company. One of the most common reasons for denial of insurance policy benefits in life insurance situations is that there has been a misrepresentation in…
Dallas and Fort Wort insurance lawyers will commonly get calls from people who want to sue an insurance company because the insurance company was not treating them right in the claims process. Many times these people will be third party claimants. Third party claimants cannot sue the other guys insurance. …
It’s easy to say “bad faith.” It’s not always easy to prove. Insurance lawyers have to look hard and rarely will be successful. A 1992, San Antonio Court of Appeals opinion helps explain why. The case is styled, State Farm Lloyds v. Polasek. A fire destroyed the Polasek’s video rental…
The application for a life insurance policy has to be attached to a life insurance policy. This is illustrated in a 1994, Texas Supreme Court case styled, Fredonia State Bank v. General Life Insurance Company. The insured died as the result of a gunshot wound to the head. Prior to…