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…
In the previous post, Texas Family Code, Section 9.301 is cited for the way Texas, and most other states, handles how an ex-spouse beneficiary are treated regarding a designation of beneficiary in a life insurance policy. It important to know that when the life insurance policy is a policy governed…
What if a spouse is the beneficiary of the other’s life insurance and they get a divorce? People to often, find out the hard way what happens. What happens is the spouse named spouse in the life insurance policy is automatically divulged of any interest in the life insurance proceeds.…
It is not uncommon first a life insurance lawyer to run across a situation where the issue is, Did the insured change the beneficiary of the life insurance policy. Here is a 1953, Texas Supreme Court opinion dealing with this issue. It is styled, Creighton v. Barnes. Petitioners, the mother,…
A vacancy exclusion is common in most policies insuring structures unless it is a type of policy that specifically provides that type of coverage. Here is a 2024 opinion wherein the insurer denied coverage under a renters policy due to the insured not living in or occupying the property. The…
It is one thing to sue your insurance company for doing you wrong. It is another thing to prove the costs of what they should have done for you. Here is a 2024 opinion from the Northern District of Texas, Dallas Division, that discusses this issue. It is styled, Brian…
Here is a 2024 opinion from the Northern District of Texas, Dallas Division, that deals with an insurance policy. Specifically, the wording of an insurance policy. The opinion is styled, Johnetta Askew Hunt v. Meridian Security Insurance Company State Auto Insurance Companies. This is a summary judgment opinion regarding “residing”…
Insurance lawyers need to read this November 2023, opinion from the Southern District of Texas, McAllen Division. It is styled, Bertha Salinas v. State Farm Lloyds. The relevant facts are undisputed, Bertha sued State Farm for denying her claim against her homeowners policy due to a weather event on July…
When can a person recover attorney fees in an insurance lawsuit? There is not an easy answer to that question. It is dependent on the facts of the case and the theories of law being alleged against the insurance company. A 2024 opinion from the Southern District of Texas, Houston…