Grand Praire life insurance attorneys and those in Dallas. Garland, Mesquite, Richardson, and other places in Dallas County need to understand one of the exclusions found in almost all life insurance policies. That is the “Pilot Exclusion.”
The Texarkana Court of Appeals issued an opinion in 1989, in the case styled, “American Home Assurance Company v. Loretta Anne Brandt.”
Here are some of the facts:
Fort Worth life insurance attorneys and those in Weatherford, Mineral Wells, Springtown, Millsap, Brock, Aledo, and other places in Parker County would need to understand the suicide exclusion in life insurance policies.
It is typical for a life insurance policy to exclude suicide as an assumed risk. The Houston (14th District) Court of Appeals opinion in Parchman v. United Liberty Life Insurance Company, discussed a policy that excluded suicide as an assumed risk for two years from the date of the policy and provided a reduced benefit of the return of all premiums paid if death resulted from suicide within that period.
In another opinion, Southern Farm Bureau Life Insurance Company v. Dettle, issued by the Amarillo Court of Appeals, the policy provided: If the insured within two years from the date of the issue of this policy shall die by his own hand or act whether sane or insane, the liability of the Company shall be limited to an amount equal to the premiums actually paid, without interest.
Life Insurance Attorneys in Fort Worth, Weatherford, Grand Prairie, Dallas, and the rest of the State need to have some understanding of when a person is considered dead for life insurance purposes. Admittedly, it is not a situation that is going to occur very often, but is a situation where a little knowledge is necessary.
Stating the obvious: For the beneficiary of a life insurance policy 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. There are many Texas cases that stand for the preceding statement.
Proof of the insured’s death may be aided by a legal presumption. After a person is absent for seven years, the law presumes the person to be dead. This is found in the Texas Civil Practice & Remedies Code, Section 133.001. It is short and says, “Any person absenting himself for seven successive years shall be presumed dead unless it is proved that the person was alive within the seven-year period.”
Weatherford Insurance Lawyers and those in Aledo, Springtown, Willow Park, Millsap, Azle, Mineral Wells, Cool, Brock, and other places in Parker County would want to know about this life insurance case.
The case opinion was issued by the Houston, 14th Court of Appeals in 1990. The style of the case is, Joseph M. Rumbaut v. Steven and Scott Labagnara.
The issue deals with what is currently, Texas Insurance Code, Section 887.205(b). This section says:
Weatherford insurance law attorneys and those in Mineral Wells, Springtown, Aledo, Azle, Millsap, Brock, Hudson Oaks, Cool, and other places in Parker County need to know what the “slayer’s rule” is as it relates to life insurance benefits.
This rule is exemplified in the 1987, Texas Supreme Court case, Crawford v. Coleman. Here is some background.
This is an insurance disqualification case involving the distribution of proceeds of life insurance policies.
Life Insurance Lawyers in Grand Prairie and those in Fort Worth, Dallas, and other places in the metroplex area, would want to be aware of this case.
The opinion was issued on July 19, 2012, by the United States 5th Circuit Court of Appeals. The style of the case is, Cheryl Likens v. Hartford Life and Accident Insurance Company. Here is some background.
After coming home drunk, Wesley Vincent was found face-down in front of his house by his wife, Cheryl Likens. He was taken to the hospital but eventually died. Likens tried to collect as the beneficiary of an accidental-death insurance policy, but the claim was denied under an alcohol exclusion, because Hartford Life and Accident Insurance Company (“Hartford”) determined that the injury resulted from being legally intoxicated from alcohol. The district court granted summary judgment for Hartford based on the alcohol exclusion. This Court affirmed the trial court.
Weatherford attorneys and those in Mineral Wells, Aledo, Azle, Springtown, Millsap, Brock, Willow Park, Hudson Oaks, and other places in Parker County might find this article interesting. The article is from The Hartford Courant.
Connecticut joined 21 other states that agreed to a settlement with MetLife in a case that questioned whether the insurer did enough to find and pay beneficiaries after policyholders die.
The settlement means $40 million will be paid in penalties and about $438 million will go to unpaid policies that were written more than 50 years ago.This settlement amounts to nearly $900,000 for Connecticut beneficiaries,” Insurance Commissioner Thomas B. Leonardi said Tuesday. “Policyholders made their premium payments and have every right to expect MetLife to make good on its promise to pay claims. Working with fellow regulators on behalf of those policyholders and their families has helped accomplish that.”
Grand Prairie life insurance lawyers and those in Fort Worth, Dallas, Irving, Arlington, Richardson, Mesquite, and other areas in the metroplex area need to be aware of the existence of this case.
The opinion was issued in 1981, by the El Paso Court of Appeals. The style of the case is Doris R. Young v. Members Life Insurance Company. This is an older case and presents a point of view that this writer has not seen in later cases. But one that needs to be noted, just in case.
This is an appeal from a take-nothing judgment in a suit brought by Doris R. Young, to collect the benefits of an insurance policy on the life of her deceased husband, Edwin Young. The judgement is based upon jury findings that the application for insurance contained false representations concerning the health of Edwin.
Grand Prairie lawyers who handle insurance cases and attorneys in Dallas, Fort Worth, Benbrook, Burleson, Cedar Hill, Duncanville, De Soto, Mansfield, and other places in Texas need to know about this insurance case.
The case is from the Houston, 1st District, Court of Appeals. The style of the case is, Republic-Vanguard Life Insurance Company v. Beth Walters. Here is some of the relevant background.
Beth Walters sued on a life insurance policy covering her deceased husband. Republic denied the claim based on misrepresentations in the policy application. A jury decided in favor of Walters, finding that Republic knew facts that would have caused a prudent person to inquire about and discover material facts intentionally omitted by the decedent in his application for the policy.
Grand Prairie insurance lawyers, and those in Dallas, Fort Worth, Richardson, Mesquite, Garland, Irving, Arlington, and other places in the North Texas area who deal with life insurance cases involving a suicide would want to be aware of this case.
The case is an opinion issued by the Amarillo Court of Appeals in 1986. The style of the case is, Southern Farm Bureau Life Insurance Co. v. Steven M. Dettle, et al. Here is some background.
Southern Farm Bureau appealed from a trial court’s judgment rendered in favor of Steven M. Dettle and Phillip D. Dettle, as administrators of the estate of Douglas Dee Dettle, deceased. The controversy arose from Farm Bureau’s failure to pay benefits on a policy insuring Douglas Dee Dettle. The deceased – insured was found dead in his apartment in Stratford, Texas. He died as the result of a single shotgun wound to his lower abdomen and genital area. Farm Bureau defended on a suicide exclusion in the policy and certain alleged misrepresentations in the deceased’s application for insurance. (Here, we will discuss only the suicide issue). In response to special issues, the jury determined that the deceased’s death was not a suicide and that the deceased’s “no” answer to the question in the application, “Have you in the past 5 years used alcoholic beverages to excess or intoxication?” was false.
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