It needs to be noted at the beginning here. Private disability claims are different from government disability claims and also from disability claims that are governed by ERISA. This posting deals those disability claims that are from private policies or policies other than government or ERISA. Disability policies will usually…
Weatherford insurance lawyers know about the 515A Endorsement (a named driver exclusion) that applies to auto policies. These 515A Endorsements are discussed in a 2013, El Paso Court of Appeals opinion styled, Stadium Auto, Inc. v. Loya Insurance Company. Olga Salazar purchased and financed a vehicle through Stadium. A Loya…
The Houston Chronicle ran a story of September 20, 2017, that all homeowners need to read. It is titled “Flooded Houston Homeowners Might Have Been Spared Ruin — But Only If They Read The Fine Print.” 25 words of a public document that could have spared thousands of homeowners from…
Fort Worth insurance lawyers need to be aware of a life insurance policy’s incontestability clause. All life insurance policies must contain an incontestability clause, which is a provision that the policy will be incontestable after it has been in force during the lifetime of the insured for two years from…
Insurance attorneys understand the importance of proper communications with an insurance company. The Claims Journal, which is a publication for the insurance industry, published an article in September 2017, suggesting ways for a company to properly communicate with their insured. The article is titled, 10 Tips On Responding To Claimant…
Insurance adjusters who are inexperienced and do not know what they are doing can hurt insureds who just want their claim paid. Reuters ran a story on September 11, 2017, dealing with the shortage of trained and experienced insurance adjusters after Hurricanes Harvey and Irma. The story is titled “Insurers…
Arlington life insurance lawyers know the requirements insurance companies must meet to successfully defend a life insurance case based on the defense of misrepresentation. Misrepresentation in the policy application is the most common reason for denial of a claim for benefits. The Texas Insurance Code, Sections 705.001 to 705.005, prohibits…
Grand Prairie life insurance lawyers know that for a life insurance company to establish misrepresentation as a defense for refusing to pay on a claim, that the life insurance company must plead and prove five elements: the making of the misrepresentation; the falsity of the misrepresentation; reliance on the misrepresentation…
A 1982, 14th Court of Appeals opinion recognizes and upholds that life insurance policies typically exclude suicide as an assumed risk of the carrier. The opinion is styled, Parchman v. United Liberty Life Insurance Co. In Parchman the policy excluded suicide as an assumed risk for two years from the…
The Texas Insurance Code, Section 1101.055 limits the permissible life insurance exclusions to suicide, stated hazardous occupations, and aviation activities. Courts have construed this list to render void other exclusions, such as one excluding a loss caused by a preexisting condition. This preexisting condition exclusion is discussed in the 1921…