Insurance Claim Denial due to alleged misrepresentations is common in insurance disputes. It is seen most often in life insurance claims. Less common is in homeowners claims. Here is a homeowner’s claim. It is a 2024 opinion from the Western District of Texas, San Antonio Division. It opinion is styled,…
Here is a 1994 opinion regarding whether an estate can be the beneficiary of a life insurance policy. The opinion is from the Fort Worth Court of Appeals and is styled Street v. Skipper. Here the Court held the surviving wife’s share of proceeds from community life insurance policy that…
Some life insurance policies have language in them regarding divorces. This was the case in the 1981 opinion from the Eastland Court of Appeals. The opinion is styled Pilot Life Insurance Co. v. Koch. This is a declaratory judgment case. Here are the facts legal conclusion of the Court. Pilot…
How does a divorce affect the named beneficiary in a divorce decree? This is answered in a 1987 opinion from the 14th Court of Appeals. The opinion is styled, Novotny v. Wittner. The opinion is an appeal from a bench trial. Here is are the facts and discussion. Appellant and…
Insurance lawyers handling water damage claims under homeowners policies need to dread this 2024 opinion from the Western District of Texas, San Antonio Division. It is styled, Ghassan Abulehieh v. State Farm Lloyds. This is a water damage claim under a homeowners policy wherein the insureds assert a plumbing leak…
For Insurance Lawyers handling claims caused by “Mother Nature” it is important to understand Texas Insurance Code, Section 542A. This is a specific section for claims related to hail damage, tornados, hurricane’s, etc. As it relates to attorney fees on this type of claim the Southern District of Texas, Houston…
Life insurance and a subsequent divorce will present problems, one of which was addressed by the United States 5th Circuit Court of Appeals. This is a June 2024, opinion styled, Transamerica Life Insurance Company v. Holly L. Moore versus Jeffrey H. Simpson. Texas Family Code, section 9.301 generally operates to…
In order to the be a beneficiary of a life insurance policy, the beneficiary must have a beneficiary interest. So what does that mean? This question is discussed at length in the 1894, Texas Supreme Court opinion styled, Cheeves v. Anders. 1. Insurable Interest — Public Policy. It is against…
he question presented here is in the title. If the named beneficiary of a life insurance policy causes the death of the insured, does the beneficiary still get the life insurance proceeds. The Texas Slayer’s Rule is found in the Texas Insurance Code, Section 1103.151. It says: Sec. 1103.151. FORFEITURE.…
There are situations where the person named as a beneficiary under a life insurance is responsible for the death of the named insured. It doesn’t seem right that the person who kills an insured should be able to recover the life insurance benefits. Well, it isn’t fight and there is…