Insurance companies, like other entities, can only act through it’s agents. Insurance companies rely on agents to sell their policies, to under write potential insureds, and to investigate and adjust claims. Insurance companies may be vicariously liable for another’s misconduct if that other person is the insurer’s agent and if…
Lawyers who handle life insurance cases need to be aware of the various ways a life insurance agent can be held responsible for wrongful acts. While an individual agent is subject to being sued under the statutes here is a specific example of that happening. This is from the 1998…
Texas Life Insurance Attorneys need to be aware of the agency principals whereby an agent can be held liable for his or her actions. An agent may be liable for violation common-law or statutory duties to the insured. For example, an agent who undertakes to get insurance may be liable…
Life insurance lawyers need to know the legal theories whereby a life insurance agent can be held liable for the wrongs they commit. These agent responsibility don’t just extend to life insurance agents but to agents in other areas of insurance. As the contracting party, the insurance company of course…
The Texas Insurance Code allows for recovery of mental anguish damages if it can be proven that the illegal conduct of the insurance code was committed knowingly. Section 541.152 speaks to the knowing conduct. An award of mental anguish damages may be upheld when the plaintiffs have introduced direct evidence…
A question for lawyers who handle life insurance claim denials has to do with whether or not mental anguish is recoverable against the life insurance company who denied the claim. This is addressed in a 1995, Texas Supreme Court opinion styled, State Farm Life Ins. Co. v. Beaston. In 1982,…
Life insurance attorneys often have to make a decision on whether or not to file suit against the agent who sold a policy. In that regard, what are the time limits for doing so. This is a topic in this 2023, opinion from the Dallas Court of Appeals. The opinion…
Insurance lawyers will often have a case wherein an expert is needed. When this happens it is important to understand how to get an expert’s testimony admissible in a court proceeding. Here is a 2023, opinion that discusses expert’s. It is from the Western District of Texas, Austin Division. It…
Life insurance is an option, as far as this author knows, under all ERISA plans. Life insurance is treated virtually the same as other benefits under ERISA plans. Here is a 2023, 19 page opinion from the United States Fifth Circuit Court of Appeals. The opinion is styled, Deepa Krishna…
For life insurance attorneys the topic here is not usually a concern. However, it will be occasionally and the lawyers need to know about it. This is a 2023 opinion from the Northern District of Texas, Dallas Division. The opinion is styled, Lew McGinnis v. Nationwide Life & Annuity Insurance…