Articles Posted in Life Insurance

Dallas life insurance attorneys need to read and know this case. It is an opinion issued by the Texas Supreme Court in 1990. The style of the case is Koral Industries v. Security Connecticut Life Insurance Co.

Here are some of the facts:

Koral Industries sought a new life insurance policy for one of its key employees, Lewis Lindsey, in 1984. Lindsey did not disclose damaging medical history regarding treatment over the five years prior to his application, a history which included hospitalization in 1981, 1982, and 1983, and counseling and treatment for depression and excessive use of alcohol. A medical information agency had reported treatment for mental or nervous disorders from 1976-78, and Lindsey’s physician reported treatment for anxiety.

Dallas life insurance lawyers need to know this case. The case is styled Lilly Sharp v. Lincoln American Life Insurance Company. The opinion was issued by the Corpus Christi Court of Appeals in 1988.

This lawsuit was filed by Lilly Sharp after the death of her daughter.

Lincoln had denied the claim based on misrepresentations by the insured in the policy application. The trial judge ruled in favor of Lincoln and this appealed followed.

Fort Worth life insurance attorneys need to know this case. The case is styled Republic-Vanguard Life Insurance Company v. Beth Walters. It is a 1987, opinion from the 1st District Court of Appeals. Here is some background.

In 1981, the deceased, James Walters, applied to Republic for mortgage protection insurance. On his application, he stated he knew of no impairment to his health. Republic requested an examination by a registered nurse. He told her of various ailments, and that he had gained 50 pounds in the previous year “due to beer drinking,” that he had been wounded in Viet Nam.

When the nurse asked about impaired sight or hearing, mental illness, cancer, growth, rupture or syphilis, James said no. James provided names of his doctors and the hospital he had been in.

Weatherford insurance attorneys and those in Aledo, Azle, Springtown, Cool, Millsap, Willow Park, Hudson Oaks, and other places in Parker County need to know when to fight an insurance company.

A 1988, opinion issued by the Beaumont Court of Appeals styled, Massachusetts Indemnity v. Morrison, is a worth while read. Here is some relevant background.

Michael Morrison died when his car veered off the road and hit a tree. A handwritten note found at the scene appeared to be a suicide note.

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.”