Articles Posted in Life Insurance

Life Insurance lawyers in Fort Worth need to read this Fort Worth Court of Appeals opinion from 1969. The case is styled, Giles et al. v Wiggins et al. The court discusses the required evidence necessary to invoke the “slayer statute” which is today found in the Texas Insurance Code, Section 110.151.

This suit involves ascertainment of the rightful claimant to the proceeds of a life insurance policy issued by National Life and Accident Insurance Company. The latter, as stakeholder, filed the suit and deposited $8,009.11 into the registry of the court for disposition by it to the claimants entitled thereto.

Vergia L. Giles, insured, was shot by his wife, Evelyn Jean Wiggins, nee Evelyn Jean Giles, and primary beneficiary of the policy, on September 4, 1966. He died as result thereof on September 14, 1966.

Arlington life insurance lawyers should read this 1918 case. It is still good law with good reasoning. It is from the Beaumont Court of Appeals and is styled, Murchison et al. v. Murchison et al. The case says:

It was alleged in the petition that G.R. Murchison was the father, and Dailey Murchison and Ross Murchison, Jr., were the brothers, and said Dora Faris the sister, of the said R.H. Murchison, who, it was alleged, died on the 14th of April, 1915; and it was further alleged that the said Margurite Murchison was the wife of said R.H. Murchison at the time of his death. It was further alleged that the said R.H. Murchison left no child or children surviving him. It was further alleged that the policy of insurance made the basis of the suit was issued by the Royal Indemnity Company and was in full force and effect at the time of the death of said R.H. Murchison. It was further shown by the petition of plaintiffs that said policy provided that upon the death of said R.H. Murchison, the proceeds thereof should be paid to the said Margurite Murchison as sole beneficiary. It was further alleged in the petition that the said R.H. Murchison met his death at the hands of his said wife, Margurite Murchison, who feloniously killed and murdered him with the intention and for the purpose of securing and obtaining the money which it was provided by the terms of said policy should be paid to her upon the death of said R.H. Murchison.

It was then alleged, substantially, that because of the fact that the said Margurite Murchison did feloniously kill and murder the said R.H. Murchison, she forfeited all right and interest that she otherwise might have had in and to the proceeds of said policy of insurance as the beneficiary named therein; and, further, it was substantially alleged that because of the fact that the said Margurite Murchison feloniously killed and murdered said R.H. Murchison, she was not only prevented from claiming and recovering from the Royal Indemnity Company the amount of money stipulated to be paid her as beneficiary in said policy, but also that she thereby forfeited any and all right and interest in and to the proceeds of said policy in the hands of said Royal Indemnity Company, and was not, in law, entitled to have said proceeds or any part thereof under the law of descent and distribution of this state, but that plaintiffs, as the father, brothers, and sister of said R.H. Murchison, by reason of such relationship to him, immediately upon the death of said R.H. Murchison became and were entitled to recover of said Royal Indemnity Company the proceeds of said policy still in its hands, as the heirs and next of kin of the said R.H. Murchison. The petition is quite lengthy, and for the purposes of this opinion it is entirely unnecessary to quote the same in full, and we think that the foregoing substantial statement of the material allegations will be sufficient for the disposition here.

Life insurance attorneys will someday see a situation where the beneficiary on a life insurance policy is also the person who killed the insured. Can they recover the life insurance benefits? The Texas Supreme Court addressed that situation in a 1949 case styled, Greer et al. v. Franklin Life Insurance Co.

This controversy relates to ordinary death benefits under an insurance policy issued by Franklin Life. The insured, James Greer, met his death from a knife welded by his wife Margaret, who is also the named beneficiary under the policy. The next of kin of James are asserting their rights under the policy, claiming that Margaret forfeited her rights in willfully bringing about the death of James. Today, this is the “Slayer Statute” found in the Texas Insurance Code, Section 1103.151.

Texas courts have recognized the injustice of allowing the beneficiary to recover on a policy when they have murdered the insured.

Here is something for life insurance lawyers to read. It is from the Texas Department of Insurance web-site.

Subchapter R. VIATICAL AND LIFE SETTLEMENTS 28 TAC §§3.1701 – 3.1717

The Commissioner of Insurance adopts amendments to §§3.1701 – 3.1703, 3.1705, 3.1707 – 3.1715, and new §§3.1704, 3.1706, 3.1716, and 3.1717 concerning regulation of viatical and life settlements. The sections are adopted with changes to the proposed text as published in the August 11, 2000 issue of the Texas Register (25 TexReg 7465).

Weatherford life insurance lawyers know that the “Slayer Statute” works the same in Federal Court as in State Court. A 1986, opinion from the Northern District of Texas says so. The style of the case is, American Nat. Ins. Co. v. Huckleberry.

This case is before the court on the motion for summary judgment of defendant Deborah Huckleberry Stevens (“Stevens” or “the guardian”). Upon review of the motion, response, affidavits, exhibits, and brief, it is apparent that no issues of fact exist for trial. Consequently, for the reasons stated below, Stevens’ motion is granted.

American interpled the $100,000 face amount of its policy insuring the life of Beverly Ann Huckleberry, deceased.

Arlington life insurance lawyers need to know how self-defense works in the Slayer Statute. The Slayer Statute is found today in the Texas Insurance Code, Section 1103.151. A case discussing self-defense is a Fort Worth Court of Appeals opinion styled, Crawford v. Coleman.

Cornelius Shoaf appeals a judgment denying him insurance proceeds because a jury found he willfully caused the death of his wife, Sandra, the insured.

Four life insurance policies were in force at the time of Sandra’s death. The policies named Cornelius primary beneficiary. The insurance companies filed an interpleader naming the parties to this suit and paid the insurance proceeds into the registry of the court. Upon the trial of the cause, the jury found Cornelius had willfully caused the death of Sandra. The trial court then found that Cornelius had forfeited his right to receive the insurance proceeds under TEX.INS.CODE ANN. art. 21.23 (Vernon 1981) which states:

Parker County life insurance lawyers need to read and understand this 1992, Houston Court of Appeals [14th Dist.] opinion. It is styled, Francis v. Marshall.

This is an appeal from a summary judgment granted in favor of appellee, Doris E. Marshall. She brought suit to recover as a beneficiary under a life insurance policy and the trial court held that she was the proper recipient of the proceeds. This Court affirmed.

Appellant, Douglas C. Francis, was found guilty of the murder of his wife, Karen E. Francis. Mrs. Francis had been insured under a $50,000 life insurance policy. Appellant was the primary beneficiary under this contract, and the deceased’s mother and appellee, Doris E. Marshall, was the contingent beneficiary. Upon appeal, appellant’s murder conviction was affirmed and he is now serving a life sentence.

Life insurance lawyers in Texas know what the “Slayer Statute” says. It has been in use for many years. A 1973, Eastland Court of Appeals case talks about this statute. The case is styled, Cooley v. Cooley.

Mutual Life Insurance Company of New York brought an interpleader action to determine the proper beneficiary under a policy of life insurance issued on the life of Melvin K. Cooley. The defendants were Mrs. Doris Cooley, the named beneficiary, Mary Helen Cooley as guardian of the estates of three minors. Mary Helen Cooley contended that Doris Cooley should be disqualified as a beneficiary on the grounds that Doris Cooley willfully brought about the death of the insured, Melvin K. Cooley, being convicted and sentenced for same in the country of Iran. On the jury’s finding that Mrs. Doris Cooley did not willfully bring about the death of Melvin K. Cooley, the trial court entered judgment for Doris Cooley. Mary Helen Cooley appeals.

It was established on the trial of the cause that Mary Helen Cooley married Melvin Cooley in 1956. He was the father of her three children for whom she was duly qualified as guardian. This marriage terminated in 1962 by divorce.

Life insurance attorneys in Dallas can tell you about Section 1103.151 of the Texas Insurance Code. It is often times called the “Slayer Statute.” Here is a 1969, Fort Worth Court of Appeals opinion that dealt with the Slayer Statute when it was Article 21.23 of the Insurance Code.

This suit involves ascertainment of the rightful claimant to the proceeds of a life insurance policy issued by National Life and Accident Insurance Company. The latter, as stakeholder, filed the suit and deposited $8,009.11 into the registry of the court for disposition by it to the claimants entitled thereto.

Vergia L. Giles, insured, was shot by his wife, Evelyn Jean Wiggins, nee Evelyn Jean Giles, appellee and primary beneficiary of the policy, on September 4, 1966. He died as result thereof on September 14, 1966.