Pinning down the exact date coverage begins can sometimes be a tricky proposition. If an insured dies before a policy becomes effective, there is no coverage. This was discussed in the 1950, Texas Supreme Court opinion, Republic National Life Insurance Company v. Hall. and the 1980, Eastland Court of Appeals…
Life insurance lawyers will see many reasons for denial of life insurance benefits. Occasionally, one of the reasons is that the policy had not become effective at the time of death. Most policies state the “effective date” of coverage. This date may be earlier than, or later than, the date…
Life insurance policies are required to have certain provisions. To begin with, all life insurance policy forms have to be approved by the Texas Department of Insurance. Texas Insurance Code, Section 1101.004 requires that all policies allow a grace period of at least a month. Section 1101.003 requires that the…
Life insurance lawyers will at one time or another see most of the types of disputes that arise in life insurance disputes. When there is a dispute, finding an attorney who deals with life insurance cases who can discuss your case can make a big difference. Here are some of…
Here are some basics about life insurance for a life insurance lawyer to understand. Common life insurance types are term, whole life, and universal life. “Term” policies simply provide a death benefit in return for a premium payment. At the end of the policy year, or “term”, the insurance ends,…
Attention life insurance lawyers. Here is one for you. Is dying from a mosquito bite grounds for recovering under an accidental death life insurance policy? That was the issue in the March 2018, opinion from the United States Court of Appeals for the Fifth Circuit. The case is styled, Gloria…
Life insurance lawyers know there are provisions that are illegal for an insurance company to put into a life insurance policy. These provisions are found in the Texas Insurance Code, Sections 1101.051 to 1101.055. Pursuant to these sections of the Texas Insurance Code, no life insurance policy may be issued…
Dallas life insurance lawyers know provisions that must be included in life insurance policies. The Texas Insurance Code, Section 1101.003(a), states that an insurance policies must contain several prescribed provisions. Pursuant to Section 1101.002(b), a single premium life insurance policy is not required to contain a provision under this sub-chapter…
Here is a curious 1933 opinion from the Texas Court of Commission of Appeals. It is styled, American National Insurance Co. v. Huey. This is a case wherein an insurance agent is alleged to have misrepresented the terms of an insurance policy wherein the insured was to receive monthly benefit. …
Area life insurance attorneys need to know the reasons an insurance company can rescind an insurance policy. In addition to the common law standards, several statutory provisions regulate an insurer’s ability to avoid coverage based on a misrepresentation by the insured. These are found in Texas Insurance Code, Chapter 705.…