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…
A 1938, opinion from the Amarillo Court of Appeals helps answer the above question. The case is styled, Smith v. Metropolitan Life Ins. Co. et al. This lawsuit is a contest over the proceeds of a life insurance policy in the sum of $500 issued upon the life of John…
What happens when a beneficiary has an insurable interest when the life insurance policy is obtained but later on, that insurable interest no longer exists? That question is answered in an 1894, opinion from the Texas Supreme Court styled, Cheeves v. Anders. Anders was the Administrator of the Estate of…
When an employer takes out life insurance on an employee and names itself (the employer) as the beneficiary, it there an insurable interest. Each case needs to be looked at on its on merits. A 1998, Tyler Court of Appeals is good case to read. It is styled, Stillwagoner v.…