Filing a proof of loss as part of a claim is very basic to all insurance claims. This issue was a topic in a recent Fifth Circuit opinion styled, Andre Yanez v. American Strategic Insurance Coporation; E-Ins., L.L.C.; FKS Insurance Services, L.L.C. The lower court granted the insurers motion for…
The Law Office of Mark S. Humphreys, P.C. was able to get a settlement in a life insurance case recently that was not a normal situation. Texas has a law referred to as the “Slayer Statute.” This law which is found in the Texas Insurance Code, Section 1103.151, states that…
The law in Texas regarding who is excluded from receiving life insurance benefits when the insured has been killed is clear. Texas Insurance Code, Section 1103.151, says that the named beneficiary forfeits their rights in the life insurance proceeds if the beneficiary is a principal or accomplice in willfully bringing…
When a claim is denied and the insured has to file a lawsuit against the insurance company, most insurance lawyers prefer to litigate cases in the State or County courts while insurance companies prefer to litigate the cases in Federal Court. When the insurance company is sued in State Court,…
Lawyers who handle ERISA cases always have to explain to their clients that in ERISA cases, the administrative process has to be completed before a lawsuit can be filed. This is illustrated in this 2019 opinion from the Southern District of Texas, Houston Division case styled, Lisa K. Bunner v.…
Insurance companies prefer to litigate cases in Federal Court. Insurance lawyers representing insureds prefer to litigate their cases in State Court. In the appropriate situation, here is a way to stay in State Court. This is from the Southern District of Texas, Houston Division, and the case is styled, WEN…
The Law Office of Mark S. Humphreys, P.C. is pleased to announce the settlement of a life insurance case wherein Mark was able to recover life insurance benefits for his client. Mark’s client was the common-law wife of man who had a life insurance policy through his employer. Texas recognizes…
The Southern District of Texas, Houston Division was presented with an issue that is not seen very often in insurance cases except cases involving uninsured motorist benefits. The case is styled Lamar Donald, Sr. and Diane Cottrell Donald v Metropolitan Lloyds Insurance Company of Texas. Lloyds filed a Motion to…
For attorneys handling life insurance cases here is news: In early November, the Law Offices of Mark S. Humphreys, settled another life insurance case. The details are confidential as part of the agreement but here is what can be discussed. The case involved a lady who had purchased coverage on…
Not paying on an insurance claim is in simple terms, a breach of contract. The difference is that the contract breached is an insurance contract. The Texas Insurance Code provides for damages beyond the simple breach of contract damages. However, as is pointed out in the 2019, opinion from the…