Insurance lawyers will testify that one of the biggest reasons they see for denial of coverage is the insurance company allegation that there was one or more misrepresentations in the policy application. This issue is discussed in the 1969, San Antonio Court of Appeals opinion styled, The Prudential Insurance Company…
Exclusions in life insurance policies are common. The Texas Insurance Code, Section 1101.055 limits the permissible life insurance exclusions to suicide, stated hazardous occupations, and aviation activities. Courts have construed this list to render void other exclusions, such as one excluding a loss caused by a preexisting condition. A 1921,…
This may seem strange but there are times an insurance company will deny a claim for life insurance benefits based on their assertion that the insured has not been proven to be dead. This is discussed in the 1987, Texas Supreme Court opinion styled, Davidson v. Great National Life Insurance…
Knowing the statute of limitations on a case is vital. This is illustrated in a 2018, Southern District of Texas, Houston Division opinion styled, Lillian Smith v. Travelers Casualty Insurance Company of America. Smith sued Travelers for violations of the Texas Deceptive Trade Practices Act (DTPS), Texas Insurance Code violations,…
Here is a case from the United States 7th Circuit that deals with life insurance when the policy is an Employee Retirement Income Security Act (ERISA) policy. The case is styled, Emma Cehovic-Dixneuf v. Lisa Wong. Pursuant to 29 U.S.C., Section 1104(a)(1)(D), ERISA requires administrators of employee benefit plans to…
The United States Southern District of Texas, Houston Division, issued an opinion on July 3, 2018, that is not usually relevant to most claims but in case a situation arises where it is relevant, it is good to know. The opinion is styled, Zurich American Insurance Company a/s/o Precision Castparts…
Texas law requires pre-suit notice in many situations. The Texas Insurance Code requires pre-suit notice before certain homeowners claims can be litigated. An example of this is found in the 2018 opinion, Dwight Davis v. Allstate Fire and Casualty Insurance Company. The opinion is from the Eastern District of Texas,…
The United States District Court, Eastern District, Marshall Division, issued an opinion on June 27, 2018, that discusses the law regarding the above title. The opinion is styled, Medallion Transport & Logistics, LLC v. AIG Claims, Inc., Granite State Insurance Co., and Jay Carman. The facts of the case will…
Who has an insurable interest in a life insurance policy? The Texas Supreme Court, in 1979, in the case styled, Empire Life Insurance Co. v. Moody, held that a tenant holding property or an estate during the life of another has an insurable interest in the latter’s life. Is an…
Life insurance lawyers can tell you that sometimes a corporation can be a beneficiary to a life insurance policy. The key word here is “sometimes” because it does not mean a corporation can always be a beneficiary of a life insurance policy. Corporations may name themselves beneficiaries of policies they…