Dallas Fort Worth Insurance Lawyer Blog

Life Insurance Claims

January 14, 2012 | Mark S. Humphreys

Residents of Grand Prairie, Arlington, Fort Worth, Dallas, and other areas in the State of Texas would want to understand what happens when a policy payment is missed. The following case is one where the policy ended up lapsing. An experienced Insurance Law Attorney may have been able to get a different result.

The case is State Farm Life Insurance Company v. Beaston. The case decided in 1995, by the Texas Supreme Court. Here is some background.

Beaston purchased a graded premium whole life policy from State Farm. The premium on the policy was due on 12/28/93. The thirty-one day grace period expired on 1/28/94. Three days after the expiration of the grace period, Beaston died in an automobile accident. State Farm refused to pay benefits because coverage had expired. Beaston’s wife, the beneficiary, brought suit alleging that the policy remained in force because of its dividend-at-death provision. The trial court found the policy ambiguous and instructed a verdict in favor of Beaston with respect to coverage.

Insurance Company Refusing Claim

January 12, 2012 | Mark S. Humphreys

People in Grand Prairie, Fort Worth, Dallas, Arlington, Hurst, Euless, Bedford, Grapevine, and other places in the DFW metroplex would want to know why an insurance company refuses a claim and what the consequences are. The following case may give some insight.

This is a 1999, Fort Worth Court of Appeals case styled, “Mid-Century Insurance Company v. Foreman.” Here are some facts:

Joyce Foreman was involved in a car accident with anther driver, Karl Buehner. Foreman’s auto policy included $250,000 in underinsured motorist coverage. Foreman settled with Buehner’s insurance carrier for approximately $20,000. It is disputed whether or not Mr. Foreman spoke with the Mid-Century agent before the settlement. Because of extensive medical bills, the Foreman’s filed an uninsured motorist claim with Mid-Century. Fisher, a Mid-Century adjuster, mailed an acknowledgement and request for information. Fisher spoke with Mr. Foreman who told her that they had hired a lawyer. Fisher stopped all contact with the Foremans.

Life Insurance Misrepresentation

January 10, 2012 | Mark S. Humphreys

People in Weatherford, Mineral Wells, Aledo, Hudson Oaks, Willow Park, Brock, Millsap, Springtown, Cool, Peaster, and other places in Parker County might be interested in this life insurance case.

The case is a 1996, opinion issued by the Southern District of Texas. The style of the case is Bates v. Jackson National Life Insurance Company. Here are some facts.

Bates’ children sued Jackson National for proceeds of a life insurance policy issued to Bates. The children asserted causes of action for breach of contract, bad faith, Insurance Code violations and DTPA violations.

Insurance Policy Interpretation

January 8, 2012 | Mark S. Humphreys

Customers in Grand Prairie, Arlington, Mansfield, Fort Worth, Hurst, Euless, Bedford, Saginaw, Haslet, Rhome, and other places in Texas would have a hard time trying to read and interpret an insurance policy. This is when the advice of an experienced Insurance Law Attorney is most helpful.

The United States District Court, Southern District of Texas, Houston Division, issued an opinion on October 5, 2011. This opinion deals with policy interpretation. The case arises from a declaratory judgement lawsuit filed by the insurance company, RLI Insurance Company, and the partial motion for summary judgment filed by the insured, Willbros Construction (U.S.) LLC, et al.

The court ruled in favor of the insureds. Her is some factual background.

Insurance Delaying Paying Claim

January 7, 2012 | Mark S. Humphreys

People in Grand Prairie, Arlington, Fort Worth, Dallas, Colleyville, Lake Worth, Keller, Roanoke, Saginaw, North Richland Hills, and other places in Texas will get very frustrated when their insurance company delays in paying a claim. Here is some general information about this happening.

Most insurance companies will pass off claims delays as fluke occurrences. What is important to realize is that these actions, or lack thereof, are actually routine and intentional conduct. A lot of this is the result of the McKinsey system, set up by McKinsey & Company. This system for “lowballing” claims payments is driven by the claims performance management and pay systems from the top to the bottom of the organization.

A Rutgers law professor who has studied this, has suggested that the deck is stacked against individuals who make claims. He says, “You have an accident or a fire in your house. You call up the insurance company. You describe the circumstances. Maybe they send an adjuster out, and they say it’s not covered, or it’s covered but here’s the dollar amount that we’re obligated to pay you .” Most people do not have the expertise “to know whether or not that’s right.”

Insurance Company Delays Payment Of Claim

January 5, 2012 | Mark S. Humphreys

When someone in Grand Prairie, Hurst, Euless, Bedford, Fort Worth, Dallas, Irving, Carrollton, or anywhere else in Texas makes a claim with their insurance company, they expect the claim to be paid promptly.

Here is something to get you upset.

According to an unpublished Harris Interactive Poll conducted in September, 16 percent of surveyed adults have experienced financial hardship while waiting for an insurance claim to be settled or know someone who has. The same poll found that 59 percent of adults believe that most insurers intentionally delay claims — and those with an income of $35,000 or less were more likely to agree.

Bad Faith Insurance And Forced To Hire Attorney

January 3, 2012 | Mark S. Humphreys

Few people in Weatherford, Mineral Wells, Aledo, Willow Park, Hudson Oaks, Azle, Springtown, Millsap, Cool, Brock, or anywhere else in Parker County wants to be forced to hire an attorney to submit an insurance claim. But, like it or not, that is what most people have to do to get fair treatment.

A recent article on insurance singles out Allstate Insurance Company, but this same story could be told about many of the insurance companies. Here is what some of the article said:

Unlike may other businesses, the insurance industry is bound by law to act in good faith with its customers. Because of their protective role in the lives of ordinary citizens, insurance companies have long operated as semi-public trusts. But since the mid 1990’s, a new profit hungry model, combined with weak regulation, has upended that ancient contract. In Texas, the Texas Department of Insurance is the agency that is suppose to be providing oversight on the insurance industry.

Lawyer Needed For Disability Claim

January 1, 2012 | Mark S. Humphreys

Insureds in Grand Prairie, Arlington, Weatherford, Fort Worth, Mansfield, Dallas, and other places in Texas, who have some form of disability insurance will too often, have to seek the assistance of an experienced Insurance Law Attorney when they make a claim. This is because insurance companies that issue disability policies are reluctant to pay these types of claims.

A case decided in 1978 serves as a good example. This is a Beaumont Court of Appeals case. The style of the case is, Lone Star Life Insurance Company v. Joseph B. Griffin. Here is some background.

Griffin testified that as he was returning to his home from his farm, he passed by his drugstore. As was his custom, he entered the store to see if everything was normal (having been burglarized several times in the past). He smelled smoke which he found to be coming from the rear of his building. He testified that he emptied his fire extinguisher but his efforts were futile; that he was trying to get out of the building when an aerosol can exploded in his face; that he lost consciousness while upon the floor of the store near a door, and regained consciousness later in a hospital.

Attorney And Disability Policy And Renunciation

December 29, 2011 | Mark S. Humphreys

A lot of people in Grand Prairie, Arlington, Irving, Fort worth, Dallas, and other areas in Texas will have a disability policy. Sometimes these policies are from work and other times a person will purchase one for themselves. But what happens if the insurance company refuses to pay benefits under one of these policies when a person becomes eligible for benefits.

What happened in one case is discussed by the Houston Court of Appeals, in a 1976 case styled, Republic Bankers Life Insurance Company v. B.L. Jaeger.

This lawsuit concerned a disability insurance contract. B.L. Jaeger sued Republic Bankers Life Insurance Company to recover accrued and unaccrued disability benefits for an accidental injury.

Life Insurance And Bad Faith

December 28, 2011 | Mark S. Humphreys

Insured persons with life insurance in Grand Prairie, Fort Worth, Arlington, Dallas, Mesquite, Richardson, Carrollton, Farmers Branch, and other places in the DFW metroplex area will find this case informative.

In 2006, the Texas Supreme Court issued an opinion in the case styled, Minnesota Life Insurance Company v. Vasquez. Here are some of the facts.

Minnesota Life issued a Mortgage Accidental Death Insurance policy to the Vasquezs’, promising to pay their home mortgage in the event either died due to an accident. The insured husband later apparently fell, hit his head, and died. The insured wife filed a claim with Minnesota Life requesting payment of the balance due on the mortgage and submitted copies of the death certificate and autopsy report. Minnesota Life took six months to pay the claim because the death certificate made coverage unclear and the hospital was slow to produce the remaining medical records that had been requested. Ms. Vasquez filed a lawsuit alleging that Minnesota Life had knowingly engaged in an unfair and deceptive act, in violation of the Texas Insurance Code. The jury found that Minnesota Life knowingly violated the Insurance Code and that Ms. Vasquez was entitled to $60,000 for mental anguish, $250,000 in additional damages, and $37,000 in attorney fees. The court of appeals affirmed and Minnesota Life appealed to the Texas Supreme Court.