Here is an opinion from the United States 5th Circuit dealing with ERISA. This particular case discusses the Employee Retirement Income Security Act of 1974 (ERISA). While the case is not a life insurance case, the ruling would also apply to life insurance situations. The style of the case is…
Reading the life insurance policy all the way through is vital to understanding the coverage therein. This is illustrated in a 2022 opinion from the U.S. 5th Circuit. The style of the opinion is Landmark American Insurance Company v. SCE Memorial Place II, L.L.C. This case is about whether an…
It is often times very difficult to answer the titled question. When there us uncertainty as to who is entitled to life insurance proceeds there is a process by which the life insurance company can “interplead” the life insurance proceeds into the registry of the Court. These are situation where…
Bad Faith insurance claims are common complaints when dealing with claims being denied. When fighting these cases a common tactic is to sue the adjuster for the wrongs the adjuster did in causing the claim to be denied. When suing an adjuster the insurance company is going to always claim…
Bad Faith Insurance Lawyers understand the law in Texas, at least as of the date of this post, requires that an insurer show that any misrepresentation made in an application for insurance be shown to have been made intentionally for the insurance company to be able to rescind the policy…
Insurance claims lawyers are well aware that insurance companies prefer to litigate in Federal Court. Proper pleading can often times prevent a case from being litigated in Federal Court. Usually suing the adjuster who handled the claim will prevent removal to Federal Court. The key is properly pleading claims against…
Life Insurance Lawyers know that just as there may be disputes whether coverage took effect before the insured died, there may also be disagreements over whether coverage terminated before the insured’s death. This is illustrated in a 1979, Fort Worth Court of Appeals opinion styled, Leach v. Eureka Life Ins.…
Life insurance attorneys will run into a surprising amount of cases that are unique unto themselves. This case is that way. The Facts are long but need to be understood to understand how the Court ruled the way it did. This is a 1959 opinion from the Texas Supreme Court. …
Insurance agent misrepresentations are not always held against the insurance company, but most the time the agents misrepresentations are held against the insurance company. A 1979 opinion from the Texas Supreme Court is a good illustration of the company being liable for the misrepresentations of the agent. The opinion is…
Insurance agent liability is an issue for Insurance Law Attorneys to be know about when investigating a case. A 2004, opinion from the United States 5th Circuit provides some input on how to look at cases that might involve wrongs by the insurance agent. The opinion is styled, Hornbuckle v.…