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…
Life insurance and a subsequent divorce will present problems, one of which was addressed by the United States 5th Circuit Court of Appeals. This is a June 2024, opinion styled, Transamerica Life Insurance Company v. Holly L. Moore versus Jeffrey H. Simpson. Texas Family Code, section 9.301 generally operates to…
In order to the be a beneficiary of a life insurance policy, the beneficiary must have a beneficiary interest. So what does that mean? This question is discussed at length in the 1894, Texas Supreme Court opinion styled, Cheeves v. Anders. 1. Insurable Interest — Public Policy. It is against…
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…