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…
Married persons naming their spouse as a beneficiary in a life insurance policy is common and maybe even the most often seen beneficiary under a life insurance policy. However, Texas law makes clear that a spouse can designate his or her estate as the beneficiary of the policy, at the…
Here a situation that is not seen very often, but it does occur. This 2018, case is from the Tyler Court of Appeals and is styled, In Re: Metropolitan Property And Casualty Insurance Company, et al. This is a mandamus action wherein Metropolitan is appealing the trial court’s decision of…
Coverage for punitive damages are not always covered in an insurance policy. This issue came up in the 2018, case styled, Richard Brett Frederking v. The Cincinnati Insurance Company, Inc. The case is from the U.S. District Court, Western District of Texas, San Antonio Division. This is a summary judgment…
A starting point for understanding an Examination Under Oath (EUO) is start with the principle that an insured has a duty under their insurance contract to cooperate with the insurer’s investigation of a claim. In the first-party setting, which is the setting under which EUO’s are sought: Duties of cooperation…
A frequent phone call to insurance law lawyers is someone asking about participating in an examination under oath (EUO). Most people understand what taking the 5th means. It refers to our right to not be compelled to say anything that may be self-incriminating. It usually is discussed in the context…
Are spouses entitled to life insurance benefits? That is a normal question in a lot of life insurance cases. Here is some law in that regard. One spouse can designate his or her estate as the beneficiary of the policy, at the expense of the other spouse, absent any showing…
Many situations involving insurance claims also involve issues dealing with subrogation and liens. Here is a little information for insurance lawyers who might have to deal with subrogation. Subrogation is an element of insurance law. In 1944, the United States Supreme Court in the case styled, United States v. South-Eastern…
This may come as a surprise to many but here goes, — There is no such thing as “negligent claims handling” recognized by Texas courts. This is re-stated by the U.S. District Court, Western District, Austin Division, in the case styled, Thomas G. Kezar and Sylvia Kezar v. State Farm…
The 5th Circuit Court of Appeals issued an opinion regarding commercial policies that would be of interest to some businesses. The case is styled, Sierra Equipment, Incorporated v. Lexington Insurance Company. Lexington insured LWL Management for construction equipment leased from Sierra. Sierra argues that, even though it was not a…