As any ERISA attorney can tell you, the rules surrounding ERISA are tough. This is illustrated in a Fifth Circuit opinion styled, Kimberly D. Hendrix v. Prudential Insurance Company of America, et al. Hendrix appeals the summary judgment granted against her on her ERISA claims arising out of a life…
Articles Posted in Life Insurance
Do Misrepresentations In A Policy Application Make A Difference
Whether you are an attorney in a small town like Hamilton or Evant Texas or the Dallas Fort Worth metropolitan area, life insurance lawyers can tell you that the most common reason claims for life insurance benefits being denied is that there was a misrepresentation in the policy application. A…
Life Insurance And Divorce
Life Insurance Lawyers in the Dallas and Fort Worth area will see situations on a regular basis where the person who died had a life insurance policy naming the other spouse as the beneficiary – but there was a divorce later and the policy naming the ex-spouse was never changed. …
Life Insurance For Government Employees
It’s bad enough when private insurance companies mistreat life insurance beneficiaries but an April 2017, story from the Chicago Tribune shows that the U.S. Government does the same thing. The story is titled, USPS Agrees To $49 Million Settlement For ‘Dawdling” In Paying Life Insurance Beneficiaries. It’s bad enough for…
Texas Slayer Statute
Life insurance lawyers know about Texas Insurance Code, Section 1103.151. Also known as the Texas Slayer Statute, it states: A beneficiary of a life insurance policy or contract forfeits the beneficiary’s interest in the policy or contract if the beneficiary is a principle or an accomplice in wilfully bringing about…
Beneficiary Of Life Insurance Policy May Assert Section 541.060 Claims
Irving life insurance lawyers need to know every little aspect of the law in order to properly represent their clients. A 1996, San Antonio Court of Appeals opinion deals with one of these “little” aspects of the law. The opinion is styled, Mendoza v. American National Insurance Company. Jerry Mendoza…
Life Insurance – Taking Delivery
Texas Hill Country life insurance lawyers will tell you that a life insurance policy has to be read carefully. This even means that the initial application has to also be read very carefully. This is illustrated in a 1999, San Antonio Court of Appeals opinion. The opinion is styled, Carolyn…
Life Insurance Application
Granbury life insurance lawyers need to read this 1975, Texas Supreme Court opinion. It is styled, Johnson v. Prudential Insurance Company of America. This is a suit to collect benefits under a group life insurance policy. Prudential resisted payment based on their assertion that the deceased willfully deceived the company…
Life Insurance Misrepresentation – Age
The Galveston Court of Appeals issued an opinion in 1938 that is still good law. The case is styled, Texas State Life Insurance Company v. Freeman Barton. This is an appeal from a trial to the Judge wherein Texas State was ordered to pay the life insurance proceeds to the…
Life Insurance Sitting Around?
Have you ever wondered if someone has left you an insurance policy you do not know about. The Los Angeles Times published an article in March 2017, that you might find interesting. It is titled, How To Score A Piece Of California’s $365 Million In Unclaimed Life Insurance Benefits. It…