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…
Hail damage claims are a frequent source of litigation. The insured says the damage occurred in the last storm. The insurance company says the damage is wear and tear or occurred in another storm under a different insurance policy. The argument about when and how the hail damage occurred generally…
Suing insurance adjusters has been made clearer after the courts have made rulings interpreting Texas Insurance Code, Rule 542A.006(b). This is addressed further in a 2022, magistrate’s ruling from the Northern District of Texas, Abilene Division. The opinion is styled, David Buttross d/b/a FL20, Inc. vs. Great Lakes Insurance SE.…
Suing insurance agents who do wrong is something an insurance lawyer needs to look at closely. Here is a 2022, opinion from the Southern District of Texas, McAllen Division, that deals with an insurance agent. The opinion is styled, J & G Trejo Enterprises, Inc. d/b/a Best Medical Supply vs.…
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…
“Bad Faith” attorneys need to read this 2020 opinion from the Western District of Texas, San Antonio Division. The opinion is styled, Macklin Keller v. State Farm Lloyds. Keller had property insurance with State Farm. Keller made a claim for hail storm damage. Keller sued State Farm alleging, among other…
Here is a 2022 opinion from the Northern District of Texas, Dallas Division, wherein the Court explains the standards for a summary judgment motion to be granted. The opinion is styled, Poonam Hospitality d/b/a Quality Inn & Suites v. Lexington Insurance Company. The facts of the case can be gleamed…
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.…