For a beneficiary to recover death benefits, the insured must be dead. Doubt may arise when the insured disappeared or when there is uncertainty over the identity of the dead body. This is illustrated in the 1987 Texas Supreme Court case, Davidson v. Great National Life Insurance Co. and in…
If insurance benefits are paid to a beneficiary who does not have an insurable interest, that beneficiary holds the proceeds for the benefit of those entitled by law to the proceeds according to a 1894, Texas Supreme Court opinion styled, Cheeves v. Anders. This proposition was upheld in a Tyler…
Who has an insurable interest in the life of someone else? The Texas Supreme Court in 1968, declared that 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 the loan balance at the…
As it relates to homeowner’s policies, the Texas courts have adopted a rigid rule for when a loss occurs. The Texas Supreme Court in, Don’s Building Supply, Inc. v. OneBeacon Ins. Co. has emphasized that the applicable rule for when a loss occurs depends upon the language in the policy.…
Insurance attorneys need to read an August 2017, opinion from the 14th Court of Appeals. It is styled, Tiffany Falkenhagen Thompson v. Geico Insurance Agency, Inc. Texas Personal Automobile Policy’s require the policyholder to notify the insurer of the policyholder’s acquisition of a replacement vehicle for the coverage to extend…
Here is a United States District Court, Southern Division opinion. It is styled, Lauger Companies, Inc. v. Mid-Continent Casualty Company and is a commercial case opinion. A company sold defective concrete to a builder. The builder seeks to recover damages caused by the concrete’s failure in the building from the…
Insurance lawyers who handle home owners claims need to read this opinion from the 14th Court of Appeals. It is styled, Ron Pounds v. Liberty Lloyds of Texas Insurance Company. This case concerns whether an insurer waived appraisal of a homeowner’s insurance claim by denying it. A summary judgment in…
A 2017, Southern District, Houston Division opinion needs to be read by ERISA lawyers. The opinion is styled, Samuel Heron, III v. ExxonMobil Disability Plan. This ERISA case challenges a plan administrator’s denial of benefits. Heron alleges that the decision to end his long-term disability benefits after an initial two…
Going back to the 1894, Texas Supreme Court opinion, Cheeves v. Anders, it is a well settled proposition in Texas law that it is well-settled that a life insurance beneficiary must have an insurable interest in the insured’s life. The basis for the rule is twofold: no should have a…
What is subrogation? This is discussed in a Claims Journal Article. The Article is titled, Navigating the Anti-Subrogation Rule. Subrogation is the legal doctrine which allows one party, usually an insurance company, that pays a loss by its insured which was caused by a third party, to take over the…