Does the estate of the deceased have legal standing to challenge the distribution of life insurance proceeds? Probably not. This is the issue in the 2009, San Antonio Court of Appeals opinion decided in Irwin v. Irwin. Barbara Jane Irwin and the decedent, Richard Lee Irwin, were married while Richard…
Is it bad faith for a life insurance company to deny a life insurance claim due to an alleged misrepresentation in the application? Probably not. Here is a 1996 opinion from the United State Southern District of Texas. The opinion is styled, Bates v. Jackson National Life Insurance Company. Bates’…
Can a life insurance company deny a life insurance claim due to an alleged misrepresentation in the application? Maybe not. Here is a 1996 opinion from the United State Southern District of Texas. The opinion is styled, Bates v. Jackson National Life Insurance Company. Bates’ children sued Jackson National for…
Attorneys who handle life insurance cases can tell you that the application being attached to the policy is one of the basic rules of life insurance. This is illustrated in the 1994, Texas Supreme Court opinion styled, Fredonia State Bank v. General Life Insurance Company. In this case, the insured…
The life insurance application has to be attached to the life insurance policy when it is delivered to the owner of the policy. Here is a case from the United States Fifth Circuit Court of Appeals. It is a 1997 opinion styled, Annette Riner; Suzette Marriott v. Allstate Life Insurance…
Here is a 1998, opinion issued as the result of an employer purchasing a life insurance on an employee and naming itself as the beneficiary. The opinion is from the Tyler Court of Appeals and styled, Stillwagoner v. Travelers Insurance Co. The decedent was a registered nurse employed by Advantage…
Life Insurance Lawyers should find this interesting in case they did not already know it. It is a 2023 opinion from the U.S. Court of Appeals for the Fifth Circuit. The opinion is styled, In The Matter Of Frank W. Gordon; Judith B. Gordon, John Patrick Lowe v. Frank W.…
Life Insurance Attorneys need to understand that an employer cannot make itself the beneficiary of an employees life insurance policy. This is discussed in a 1998, opinion from the 14th District Court of Appeals. The opinion is styled, Tamez, et al v. Certain Underwriters at Lloyd’s, London, International Accident Facilities,…
Here is a 2004 opinion from the Dallas Court of Appeals that just does not seem right. The opinion is styled, Royal Maccabees Life Insurance Company v. James. The insurer was sued by the surviving spouse of a police officer seeking an additional 50,000 in life insurance proceeds after the…
Fortunately, most insurance claims do not require expert testimony. If expert testimony is needed, here is a 2023 opinion from the United States Fifth Circuit Court of Appeals which needs to be known. The opinion is styled, Cody Horton v. Allstate Vehicle And Property Insurance Company. Horton reported a claim…