Life Insurance

Life Insurance – Employee Retirement Income Security Act (ERISA)

September 2, 2023 | Mark S. Humphreys

Life insurance is an option, as far as this author knows, under all ERISA plans. Life insurance is treated virtually the same as other benefits under ERISA plans.

Here is a 2023, 19 page opinion from the United States Fifth Circuit Court of Appeals. The opinion is styled, Deepa Krishna v. Life Insurance Company of North America; Honeywell International, Incorporated Accidental Death and Dismemberment Plan; Honeywell International, Incorporated; Steven Jacobs; Honeywell International, Incorporated Benefit Plan.

This lawsuit is brought under the Employees Retirement Income Security Act of 1974, 29 U.S.C. Section 1001 et seq. (ERISA) after her husband Karthik died in the crash of a relatively small private airplane on which he was a passenger. Recovery was denied under ERISA because of an express exclusion of death or injury incurred as a passenger in such an aircraft. Summary judgment was eventually granted in the district court in favor of the defendants.

Life Insurance Lawyers – Where Is The Proper Place To File A Lawsuit

August 28, 2023 | Mark S. Humphreys

For life insurance attorneys the topic here is not usually a concern. However, it will be occasionally and the lawyers need to know about it. This is a 2023 opinion from the Northern District of Texas, Dallas Division. The opinion is styled, Lew McGinnis v. Nationwide Life & Annuity Insurance Co.

This a life insurance case that was filed in Texas. McGinnis asserted that he was a citizen of Texas. Nationwide filed a Rule 12(b)(1) motion to dismiss contending, inter alia, that the court lacks subject matter jurisdiction because MGinnis was an Oklahoma citizen when the lawsuit was filed.

To establish his Texas citizenship on the date he filed suit, McGinnis must demonstrate that he resided in Texas on that date and intended to continuing residing in Texas. The relevant factors include the places where the litigant exercises civil and political rights, pays taxes, owns real and personal property, has driver’s and other licenses, maintains bank accounts, belongs to clubs and churches, has places of business or employment, and maintains a home for his family.

Life Insurance Lawyers And Bad Faith

August 26, 2023 | Mark S. Humphreys

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.

Life Insurance Attorneys And Lawsuits – Fraud Allegations -DTPA

August 21, 2023 | Mark S. Humphreys

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.

Life Insurance And Lawsuits

August 19, 2023 | Mark S. Humphreys

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.

Life Insurance – Policy Language

August 14, 2023 | Mark S. Humphreys

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.

Life Insurance And Divorce

August 7, 2023 | Mark S. Humphreys

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.

Life Insurance = Misrepresentation – 3

July 1, 2023 | Mark S. Humphreys

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.”

Life Insurance Denial – Misrepresentation – 2

June 26, 2023 | Mark S. Humphreys

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

Life Insurance Denial – Misrepresentation – 1

June 24, 2023 | Mark S. Humphreys

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.