Life Insurance cases run a wide gamut of issues. Here is a 1997, Austin Court of Appeals decision that deals with the denial of life insurance benefits due to an aviation exclusion. The style of the case is, Board of Trustees of the Employees Retirement System of Texas v. Linda…
Life insurance claim denials are more common than most people realize. The majority of denials have to do with the allegation by the life insurance company that the insured misrepresented their health in the life insurance application. The second most common reason has to do with exclusions in the policy.…
Attorneys who handle claim denials in accidental death cases need to know the opinions handed down by the courts on these types of claim. Here is a 1997, opinion from the Dallas Court of Appeals. The opinion is styled, Grant v. Group Life & Health Insurance Company. Grant used a…
Life Insurance lawyers will run into situations where a life insurance company knows they owe the life insurance proceeds but they are unsure who is entitled to the money. There are many ways this can arise such as a beneficiary isn’t named or the person named as a beneficiary has…
Here is an interesting life insurance case that takes us down a different path as it relates to what happened. This is a Memorandum Order issued by a Magistrate Judge in the Northern District of Texas, Dallas Division. The case is styled, Delaware Life Insurance Company of New York v.…
Here’s is another situation that a Life Insurance Claim Attorney will learn quickly. It deals with life insurance beneficiaries and divorces. This is a 1987 opinion from the 14th Court of Appeals. It is styled, Novotny v. Wittner. It stands for the proposition that a pre-divorce designation of a former…
Life Insurance Attorney will quickly learn about Texas Family Code, Section 9.301. This sections says that a spouse named as a beneficiary in a life insurance policy is automatically excluded upon divorce. One of the first cases that discusses this issue is a 1981, Eastland Court of Appeals opinion. It…
Life insurance lawyers need to read this 2022, opinion from the Fort Worth Court of Appeals. The opinion is styled, Government Personnel Mutual Life Insurance Company v. Lincoln Factoring. Many times where a person buys an insurance policy, where they die, where a beneficiary resides, or what the contract says…
Life Insurance claims are usually the type of claims that involve an interpleader action. Here is a 2022, opinion from the El Paso Court of Appeals that involves an interpleader, however, the interpleader is related to the proceeds of an auto liability policy that involved a death. Irregardless of the…
The incontestability period of an insurance policy is one of the most important parts of a life insurance contract. Life insurance policies must contain an incontestability clause — a provision that the policy will be incontestable after it has been in force during the lifetime of the insured for two…