Pinning down the exact date coverage begins can sometimes be a tricky proposition. If an insured dies before a policy becomes effective, there is no coverage. This was discussed in the 1950, Texas Supreme Court opinion, Republic National Life Insurance Company v. Hall. and the 1980, Eastland Court of Appeals…
Life insurance lawyers will see many reasons for denial of life insurance benefits. Occasionally, one of the reasons is that the policy had not become effective at the time of death. Most policies state the “effective date” of coverage. This date may be earlier than, or later than, the date…
Almost all auto policies will have a form to fill out called a 515A. This form when filled out and signed excludes named drivers from any coverage while they are operating the otherwise insured vehicle. This topic was discussed in a declaratory judgement opinion from the Dallas Court of Appeals…
The U.S. District Court, Eastern District, Sherman Division, issued an opinion in May 2018, styled, James Cunningham and Tabatha Cunningham v. Allstate Vehicle and Property Insurance Company. The Cunningham’s allegedly suffered damages during a hail and windstorm. The claim was reported to Allstate and five days later Allstate inspected the…
ERISA cases are complicated, as any attorney handling ERISA cases can tell you. This is exemplified in an April 2018, opinion from the U.S. District Court, Western Division, Austin Texas. The opinion is styled, Kimberley Phillips v. Charter Communications, Inc. Welfare Benefit Plan. Charter filed a motion to transfer the…
The United States District Court, Northern District, Dallas Division, issued an opinion in April 2018, titled, Grand Hotel Hospitality LLC d/b/a Grand Hotel Dallas v. Certain Underwriters at Lloyd’s of London et al. This is a breach of contract case where Grand Hotel suffered a fire damage and sued Lloyd’s…
Life insurance policies are required to have certain provisions. To begin with, all life insurance policy forms have to be approved by the Texas Department of Insurance. Texas Insurance Code, Section 1101.004 requires that all policies allow a grace period of at least a month. Section 1101.003 requires that the…
Life insurance lawyers will at one time or another see most of the types of disputes that arise in life insurance disputes. When there is a dispute, finding an attorney who deals with life insurance cases who can discuss your case can make a big difference. Here are some of…
Here are some basics about life insurance for a life insurance lawyer to understand. Common life insurance types are term, whole life, and universal life. “Term” policies simply provide a death benefit in return for a premium payment. At the end of the policy year, or “term”, the insurance ends,…
Insurance lawyers trying to help client with automobile property damage will find they need to understand and be able to explain the damages in two ways. Actual Cash Value (ACV) and diminished value. “Actual cash value” is the value of the vehicle, less depreciation. The limitation of “actual cash value”…