Here is a case arising out of the Employee Retirement Income Security Act (ERISA) which involves life insurance. The case is from the Northern District of Texas, Lubbock Division. It is styled, Elizabeth Hernandez v. Unum Group v. Sara Hernandez and Jose Hernandez.
The basic Facts are that Xavier Hernandez had a policy of live insurance with his employer that was part of an ERISA plan. On May 24, 2018, Xavier was killed in an auto accident.
From August 2015, until May 2018, Xavier was married to Sara Hemandez. In January 2018, Xavier designated Sara as the beneficiary of his life insurance policy. Weeks before Xavier’s death, he and Sara divorced. The divorce decree indicates that both Sara and Xavier were present at the proceeding and does not mention Xavier’s life insurance policy. Sara represents that, at the time of the divorce, she was unaware that she was the beneficiary under Xavier,s policy and only became aware once Xavier’s employer advised her of her status. She maintains that she did not waive her rights as a beneficiary under the policy in the divorce decree or elsewhere.