How does Federal law work with the Texas Slayer Statute, Texas Insurance Code, Section 1103.151? This question is answered in the 1992, Fifth Circuit opinion styled, Metropolitan Life Insurance Co. v. White. This is a summary judgement case. Terri Yohey was the named insured under a group life insurance policy…
What happens when the named beneficiary on a life insurance policy intentionally causes the death of the insured? That was the question in this case from the Western District of Texas, San Antonio Division, opinion styled, Garrett Bean and Aneila Bean v. Minerva Alcorta. Plaintiff’s father,Garry, has a $130,000 life…
The Law Office of Mark Humphreys, P.C., is pleased to announce the settlement of a life insurance case wherein the life insurance company recognized they owed the policy benefits but was unsure who was entitled to the money. In this case, the deceased had named his wife as the primary…
Most insurance attorneys try to stay out of federal court. Here, a pro se plaintiff filed his case in federal court. The case is from the Eastern District of Texas, Sherman Division. It is styled, Marlon Green v. Covenant Transportation Group, Inc., et al. The case was dismissed because Green…
The Texas Prompt Payment of Claims Act was interpreted by the United States Fifth Circuit in this 2015 opinion. The opinion is styled, Cox Operating, L.L.C. v. St. Paul Surplus Lines Insurance Company. The facts are kinda long ans somewhat confusing, plus there are other issues in the case. Of…
The 5th Circuit Court of Appeals issued an opinion on January 31, 2019, in a case that is governed by the ERISA. The opinion is styled, Karen A. Rittinger v. Healthy Alliance Life Insurance Company. Here, the beneficiary of a health plan governed by ERISA brought action against the plan…
Life insurance claims that are denied for missed payments of premiums is pretty common. This issue was discussed in a Southern District of Texas, Houston Division, opinion styled, Colonial Penn Life Insurance Company v. Ashley E. Parker, et al. Robert Parker applied for a whole life policy with Colonial on…
Here is a Northern District of Texas, Fort Worth Division opinion issued by Justice Reed O’Conner. This opinion echoes similar opinions being issued in the Federal Courts in Texas. The style of this case is, Twanya Braden v. Allstate Vehicle and Property Insurance Company. Braden reported a claim for hail…
The Law Office of Mark S. Humphreys, P.C., recently got a surprise for his client when contesting an ERISA life insurance claim. The insured worked in Louisiana and had a life insurance policy through his employer. The insured was not married and did not have any children. Thus, the insured…
The Texas Prompt Payment of Claims Act was not violated in this situation. The case is from the Southern District of Texas, Laredo Division. It is styled, Jonnie Byrd v Liberty Insurance Corporation, et al. Following a hail storm, Byrd made a claim against her homeowner’s policy with Liberty for…