Insurance attorneys know the application for a life insurance policy is a frequent source of litigation. Here is a 2008, United States Fifth Circuit Court of Appeals opinion discussing the issue. The opinion is styled, Liu v. Fidelity and Guaranty Life Insurance Company. Liu filled out a life insurance application…
Articles Posted in Life Insurance
Life Insurance – Justified Delay In Determining Claim?
Here is a 2025 opinion from the Southern District of Texas, Houston Division, with an interesting twist. The opinion is styled, Kimberly Russell v. State Farm Life Insurance Company. The lawsuit alleges that State Farm took too long to investigate a claim for life insurance benefits. The unusual aspect of…
Life Insurance Claims – Tort Or Contract
Life insurance claim denials will bring up many issues to be discussed, based on the Facts of the case. Here is a January 2025 case that presented an issue the Courts have never seen before. The opinion is styled, Mark Howell and Leslie Howell vs. Southern Farm Bureau Life Insurance…
Accidental Death Policies – Be Careful
Accidental Death policies are common. The great thing about these types of policies is how cheap the premiums are. A person can usually buy a million dollars with of coverage yet pay less than $50.00 a month in premiums. Here’s there is a downside to this types of policies and…
Federal Employee Group Life Insurance
The Federal Employee Group Life Insurance (“FEGLI”) program is governed by Federal Law. This law was enacted in 1954 and is found at 5 U.S.C., section 8701. A 2024 opinion from the Northern District of Texas, Fort Worth Division, discussed FEGLI and how it applied to the case at issue.…
Life Insurance – State Law Versus Federal Law
Most life insurance policies are regulated by State Law. But, what if the life insurance policy at issue is governed by Federal Law? It’s simple, Federal Law pre-empts State Law. This is illustrated in the 2001, United States Supreme Court opinion styled, Egelhoff v. Egelhoff. The Egelhoff opinion, the Supreme…
Life Insurance – Who Gets The Benefits
Here are a few cases discussing who is entitled to life insurance benefits. All life insurance attorneys have to know these cases. The Forth Worth Court of Appeals said in a 1994 opinion styled, Street v. Skipper, that one spouse can designate his or her estate as the beneficiary of…
Estate As Beneficiary Of A Life Insurance Policy
Here is a 1994 opinion regarding whether an estate can be the beneficiary of a life insurance policy. The opinion is from the Fort Worth Court of Appeals and is styled Street v. Skipper. Here the Court held the surviving wife’s share of proceeds from community life insurance policy that…
Life Insurance Policies And Divorce Language
Some life insurance policies have language in them regarding divorces. This was the case in the 1981 opinion from the Eastland Court of Appeals. The opinion is styled Pilot Life Insurance Co. v. Koch. This is a declaratory judgment case. Here are the facts legal conclusion of the Court. Pilot…
Life Insurance Proceeds And A Divorce Decree
How does a divorce affect the named beneficiary in a divorce decree? This is answered in a 1987 opinion from the 14th Court of Appeals. The opinion is styled, Novotny v. Wittner. The opinion is an appeal from a bench trial. Here is are the facts and discussion. Appellant and…