Life Insurance lawyers have to know this case. It is an opinion that has been discussed here recently. The opinion was issued on November 10, 2021, by the United States Fifth Circuit and is styled, Mirna Guzman v. Allstate Assurance Company. Saul Guzman died after suffering a seizure at age…
Articles Posted in Life Insurance
Life Insurance Claim Denial – Are They Really Dead
Life insurance claims denial attorneys will rarely see this situation, but it is worth knowing about. This is a 1987, Texas Supreme Court opinion styled, Davidson v. Great National Life Insurance Company. Davidson is the beneficiary of life insurance policy insuring Dauod Alquassab. Davidson filed suit after Great National denied…
Life Insurance Denial And Material Fact
Here is an opinion from the United States Fifth Circuit that deals with life insurance. The opinion is styled, Mirna Guzman v. Allstate Assurance Company. This is an appeal from the District Court wherein the District Court granted summary judgment in favor of Allstate. This is a review of how…
Employer Life Insurance (ERISA)
Life insurance through an employer is common. Most people do not realize the differences between regular life insurance that is purchased from a local agent or through a mail solicitation and life insurance that is purchased through their employer. The major difference is that life insurance purchased through their employer…
Life Insurance Claim Denial – 5th Circuit
Life insurance claim denial cases are usually based on the insurance company’s assertion that the insured made misrepresentations in the life insurance application. A 2021, opinion from the United States 5th Circuit needs to be read when handling these types of cases. The opinion is styled, Mirna Guzman v. Allstate…
Life Insurance – When Does It Take Effect
Many times, for a life insurance lawyer, the question is, When did the life insurance coverage take effect. This question was partially answered in a 1980 opinion from the Eastland Court of Appeals. The opinion is styled, Durham Life Ins. Co. v. Cole. Kim Cole, a widow, individually and as…
Life Insurance Denial – Incontestability
Life Insurance Lawyers have many potential clients where in the basis for denial of the claim is that insured made a misrepresentation in the policy application within two years of making the application. This two years is called the contestability period. After two years the policy is supposed to be…
Life Insurance Claim Denial – Rescission
Here is a life insurance case wherein the insurance company attempts to have the Court agree to rescission of the policy. It is a 2021, opinion from the Southern District of Texas, Houston Division. The opinion is styled, Pruco Insurance Company v. Blanca Monica Villarreal – Transamerica Life Insurance Company…
Life Insurance Lawyers – Rescission Of An Insurance Policy
Life Insurance Claim Denials are getting more and more common. But, the insurance companies are beginning to jump ahead of the denials and starting to rescind the policies based on their assertion that there were/are misrepresentations in the insurance application. Statutory Requirements – In addition to common law standards, several…
Life Insurance Lawyers And Attorneys – Claim Denied Due To Misrepresentation
Life Insurance Lawyers who handle claims denied due to the claim that a misrepresentation was made in the life insurance application must read this 2021, opinion from the Amarillo Court of Appeals. It is styled, Bertha Arce, Individually And As Representative Of All Others Similarly Situated v. American National Insurance…