Articles Posted in Life Insurance

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Life Insurance Attorneys need to read this case to see how one court handled allegations of bad faith in a life insurance situation.  This is a 2023, opinion from the Southern District of Texas, Houston Division.  The opinion is styled, Sue Williams v. Minnesota Life Insurance Company.
Williams sued Minnesota Life alleging it fraudulently represented that the policy would cover a death resulting from accidental asphyxiation.
Minnesota filed a Rule 12(b)(6) motion asking the Court to dismiss Williams claims for bad faith in it’s handling of her claim for life insurance benefits.
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Life Insurance Attorney need to read this 2023 opinion from the Southern District of Texas, Houston Division.  The opinion is styled, Sue Williams v. Minnesota Life Insurance Company.
Sue Williams is the beneficiary of an accidental death insurance policy issued by Minnesota Life.  Michael Williams is alleged to have died due to accidental asphyxia.
Sue sued Minnesota Life for various violations of the Texas Insurance Code and Breach of Contract.
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Life Insurance Attorney need to read this 2023 opinion from the Southern District of Texas, Houston Division.  The opinion is styled, Sue Williams v. Minnesota Life Insurance Company.
Sue Williams is the beneficiary of an accidental death insurance policy issued by Minnesota Life.  Michael Williams is alleged to have died due to accidental asphyxia.
Sue sued Minnesota Life for various violations of the Texas Insurance Code and Breach of Contract.
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Life Insurance Lawyers need to read this 2023 opinion from the Southern District of Texas, Houston Division.  The opinion is styled, Adrianne Archer Graves v. Metropolitan Life Insurance Company, et al.
This is a dispute over proceeds of the life insurance policy of Decedent Timothy Howick.  Plaintiff Adrianne Graves, the Dependent Administrator of Timothy Howick’s Estate contends that the Estate was entitled to the proceeds.  Defendant and Cross Claimant Christopher McAtamney, the former spouse of Timothy Howick, contends that he was so entitled. Both Metlife and Marilyn Howick, Timothy Howick’s mother, contend that Ms. Howick is entitled to these benefits. Graves, McAtamney, Marilyn Howick, and MetLife are all parties to this suit.
This case has many motions in it and much discussion of issues.  Here the focus will be on the Court’s interpretation of the policy language.
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Life Insurance and divorce have to be reconciled when an insured dies.  There are many issues that arise in these situations.  Here is a 2023 opinion from the Eastern District of Texas, Sherman Division that is a necessary read for any attorney handling life insurance cases wherein an insured dies after a divorce.  The opinion is styled, Transamerica Life Insurance Company v. Holly L Moore and Jeffrey H. Simpson.

This is an interpleader action wherein Transamerica owed money after an insured died but was uncertain to whom the money should be paid.  The competing claimants are Moore and Simpson.

In February 2018, the Decedent purchased the policy at issue.  At the time that he purchased the Policy, the Decedent identified himself as single, and he was engaged to marry Moore later that fall.  The Decedent designated Moore, his then-fiancée, as the primary beneficiary of the Policy and Simpson, his father, as the Policy’s contingent beneficiary.

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Life Insurance claims denial attorney are well aware of this 2023 opinion from the Texas Supreme Court.  The opinion is styled, Arce v. American National Insurance Company.
In the opinion the Texas Supreme Court discussed “intent.”
American National argued that, because the Texas Legislature included the word “intent” in other provisions of the Texas Insurance Code, the absence of such a phrase in Section 705.051 indicated the Legislature’s intent Not to require “intent.”
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Life Insurance claims denial attorney are well aware of this 2023 opinion from the Texas Supreme Court.  The opinion is styled, Arce v. American National Insurance Company.
The Court discussed the plain text of Texas Insurance Code, Section 705.051 wherein it states:  “a misrepresentation in an application for a life, accident, or health insurance policy does not defeat recovery under the policy unless the misrepresentation:
(1)  is of a material fact; and
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Life Insurance claims denial attorney are well aware of this 2023 opinion from the Texas Supreme Court.  The opinion is styled, Arce v. American National Insurance Company.
On April 28, 2023, the Texas Supreme Court held that a life insurer seeking to avoid a life insurance policy via a Texas Insurance Code statutory misrepresentation defense must, just like under a common-law misrepresentation defense, prove the insured had “intent to deceive” when it made a misrepresentation in a life, accident, or health insurance application.
In making this ruling, the Texas Supreme Court rejected American’s argument that Texas Insurance Code, Section 705.051 did not require intent to deceive just because the statute was silent on whether intent to deceive was required.
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Credit Life Insurance is the type of policy at issue in this 1979 opinion from the Fort Worth Court of Appeals.  The opinion is styled, Leach v. Eureka Life Insurance Company of America.
Tommy Leach took out a loan from a bank and as part of the loan agreement, Tommy was required to purchase credit life insurance.  The credit life insurance was for six months which began on March 13, 1977, and ended on September 13, 1977.  Tragically, Tommy was reported killed in an auto accident that is showed a time of death as 12:45 a.m., September 14, 1977, Central Daylight Time.
Tommy’s widow, Mary Leach, made a demand on Eureka to pay the loan balance to the bank.  Eureka refused payment, stating that the policy had terminated on September 13, 1977.  This lawsuit resulted and the trial resulted in a ruling in favor of Eureka.
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Here is an unusual life insurance situation.  It is an opinion from 1992.  The opinion is from the Amarillo Court of Appeals and is styled, Ester Belle Medlin, Appellant v. Earnest G. Medlin, Floyd W. Medlin, Brenda E. Burford and Carolyn E. Medlin, Appellees.

The question to be determined in this matter is whether appellant Esther or appellees are entitled to one-half of insurance proceeds which had become payable due to the death of Jessie F. Medlin, Jr. (Jessie), the insured.  Appellant is the insured’s mother and appellees are the insured’s children by a previous marriage.  From a trial court judgment awarding those proceeds to appellees, appellant brings this appeal.  For reasons hereinafter expressed, we reverse the judgment of the trial court and render judgment awarding the proceeds in question to appellant.

The beneficiary clause of the insurance policy provides in pertinent part:

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