Life insurance lawyers deal with many situations and reasons that life insurance companies use for denying a claim for benefits. A twist to not paying is where the insurance company does not technically deny the claim, rather the company rescinds the policy. As a general legal principle, prior to a…
Insurance lawyers often see situations where the agent selling the insurance policy made false representations regarding the policy at issue. Here is how the Courts look at these situations. According to the 1990, Texas Supreme Court opinion styled, DeSantis v. Wackenhut Corp., a false representation must involve an existing or…
Claims denial attorneys know that many claims arise because an insurance agent committed a fraud when selling the policy. A fraud cause of action requires proof of the following elements: 1. a material representation was made; 2. the representation was false; 3. the speaker knew it was false or made…
The vast majority of insurance policies are sold by insurance agents. So, are the insurance companies responsible for the acts of these agents? The first step to determine whether an insurance company is vicariously liable is to determine whether the agent who engaged in the conduct was acting as the…
Here is another lawsuit litigated under Texas Insurance Code, Section 542A.006. The opinion is from the Western District of Texas, San Antonio Division, and is styled, Farzin Tabib and Shahla Afshar v. Metropolitan Lloyds Insurance Company Of Texas and John Crouch. The Court is asked to consider two motion. A…
Long Term Disability (LTD) claims are not uncommon in the insurance world. Some of these claims are easy to see and understand, such as an amputation. Other LTD claims are less easy to see and understand, such as chronic conditions and conditions that do not show up easily on tests…
This is a case about hail damage. But, this is not the significance of the case. The Northern District of Texas, Dallas Division, issued an opinion on April 28, 2021. The opinion is styled, Alejandro Martinez Perez and Claudia A. Lopez Orozco v. Allstate Vehicle And Property Insurance Company and…
There are many actions or inactions an insurance can be accused of that may amount to bad faith. One of those is discussed in a 2021 opinion from the Northern District of Texas, Sherman Division. The opinion is styled, Deanne M. Hinson v. State Farm Lloyds. A Magistrate Judge was…
When an insurance lawyer has someone call about an insurance company denying a claim, an experienced insurance lawyer will always ask if the potential client knows about any other reasons the claim could be denied. The reason this question is asked is that an insurance company can deny a claim…
Life insurance lawyers will have situations where a person has died and the issue is whether or not the death was an “accidental death” and did any exclusion apply to the accidental death. Here is a 2021, opinion that deals with an accidental death policy with an exclusion and on…