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.…
Bad faith is hard to prove in Texas. The standards for getting a bad faith judgment are high standards. But it can be done. It just depends on the circumstances of the case. The Telegraph, a Macon Georgia, newspaper published the results of a bad faith case involving Geico insurance. …
Here is an interesting case from the 14th Court of Appeals. It is a 1998, opinion styled, Tamez v. Certain Underwriters at Lloyd’s. Two employees of a Stop-n-Go (NCS) store were killed while on duty. NCS, as the employer had life insurance policies on the employees and made a claim…
Disability claims filed under an ERISA plan are different than disability claims that are not governed by ERISA. The United State District Court, Northern District, Dallas Division, issued an opinion in 2018, that discusses these types of cases. The case is styled, Aaron Rome v. HCC Life Insurance Company. This…
Life Insurance Lawyers can inform their clients that a creditor can have an insurable interest in a life insurance policy. There is a caveat. A creditor may designate itself the beneficiary of a policy purchased by it on the life of its debtor, but its insurable interest is limited to…
Life insurance lawyers will see fights over who is entitled to life insurance proceeds. One of the fights is over whether or not the named beneficiary had an insurable interest in the life of the insured. The main case cited for dealing with this issue is a 1942, Texas Supreme…
Not just anybody can be a beneficiary to a particular life insurance policy. The person must have an insurable interest. A 1894, Texas Supreme Court case styled, Cheeves v. Anders, makes clear that it is well settled that a life insurance beneficiary must have an insurable interest in the insured’s…
The law in Texas is pretty clear, an insurance company is entitled to received a notice before a lawsuit is filed. This is recently illustrated in a Southern District, Houston Division, opinion styled, Jose Luis Perrett v. Allstate Insurance Company. This is a dispute arising out of damage caused by…
Employee Retirement Income Security Act (ERISA) cases are difficult at best. But finally, here is a win in the courts. The 5th Circuit issued a ruling on June 13, 2018, in favor of a claimant. The case is styled, Ester Hill White v. Life Insurance Company of North America. Among…