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…
A typical exclusion found in accidental death policies is an exclusion for death resulting from aviation actions. This exclusion is discussed in a 1997 opinion from the Austin Court of Appeals. The opinion is styled, Board of Trustees of Employer’s Retirement System of Texas v. Benge. The facts of this…
What if an insured is killed while committing a burglary? Is that covered in the policy as an accident? A 1997, Dallas Court of Appeals opinion responds to this question. The opinion is styled, Grant v. Group Life & Health Insurance Company. Grant used a pry bar to break into…
Is it suicide or an accident? Here is a 1998, Austin Court of Appeals opinion styled, Butler v. Group Life And Health Insurance Company discussing this topic. During a social occasion, the decedent and a number of his friends picked up an unloaded gun, and began to point the gun…
Here is a 1999 case where the named beneficiary of a life insurance policy alleges the insured was not competent to cancel the policy. The opinion is from the United State Northern District of Texas. It is styled, Benbow v. All American Life Insurance Company, et al. All American Life…
Here is a 1994 opinion dealing with the Texas Slayer Statute. The opinion is from the 14th Court of Appeals and is styled, Adams v. Aetna Life Insurance Company. The insured was murdered in 1986. Her husband was initially suspected of the murder, but was cleared by the county sheriff’s…
Here is a 1997, Waco Court of Appeals opinion that discusses an issue related to changes to the named beneficiary because of “undue influence.” T.J. Clark could not read or write. He relied upon Cobb, his wife’s niece, to take care of his financial affairs for over 20 years. Clark’s…
What happens if the beneficiary of a policy does not have an insurable interest in the life of the insured? Is the policy still valid? If not, who gets the life insurance proceeds? Here is a 1998 opinion from the Tyler Court of Appeals that addresses this issue. The opinion…