Here are a few cases discussing who is entitled to life insurance benefits. All life insurance attorneys have to know these cases. The Forth Worth Court of Appeals said in a 1994 opinion styled, Street v. Skipper, that one spouse can designate his or her estate as the beneficiary of…
An insured under an insurance policy has a duty to cooperate with an insurance company investigation of a claim. This issue is discussed in the 2024 opinion, Henry & Lydia Ansah v. Nationwide Property and Casualty Insurance Company. The opinion is from the Southern District of Texas, Houston Division. The…
Here is a 2024 opinion from the Northern District of Texas, Amarillo Division, that deals with an important procedural in hail damage claims. The opinion is styled, Lotus Sky, LLC v. Lexington Insurance Company and Constitution Insurance Company. This case arises from a hail damage insurance claim. Lotus Sky sued…
A misrepresentation in an insurance application is grounds for denial of a claim but it is not necessarily a win for the insurance company. This issue is discussed in a recent opinion from the Texas 14th Court of Appeals. The opinion is styled, Jose Palma v. Allied Trust Insurance Co.…
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…