Life insurance attorneys in the Dallas Fort Worth area will have occasion to see something similar to this 1941, Waco Court of Appeals opinion. It is styled, National Life & Accident Ins. Co.,Inc., et al. v. Thompson. This is a suit by Velma Brewer Thompson against the National Life &…
Articles Posted in Life Insurance
Insanity And Life Insurance
Life insurance attorneys in Texas won’t run across this situation very often but if they do here is a case for guidance. The San Antonio Court of Appeals issued an opinion in 1964, dealing with the issue of whether or not a beneficiary is excluded from recovery of the life…
Life Insurance Policy And Insanity
Arlington life insurance lawyers will not see this very often. Maybe never. But here it is. The Beaumont Court of Appeals issued this interesting 1975 opinion in this case styled, W.O. Hair v. Pennsylvania Life Insurance Co. W. O. Hair, plaintiff below, sued Pennsylvania Life Insurance Company, alleging a cause…
Slayer Statute And Self Defense
Fort Worth life insurance lawyers know that the Texas Slayer Statute is found in the Texas Insurance Code, Section 1103.151. It says “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…
Forfeiting Life Insurance Benefits
Dallas life insurance lawyers probably already know this case. It is a 1992, 5th Circuit opinion styled, Metropolitan Life Insurance Co. v. Teddy White v Leslie Yohey. Leslie Yohey appeals an adverse summary judgment dismissing his claim for life insurance proceeds against Metropolitan. Terri Yohey was the named insured under…
Who Recovers Life Insurance Benefits When The Beneficiary Is Responsible For The Death Of The Insured
Life insurance lawyers will be faced with the above question more times than would be imagined. Fortunately the question is answered in the Texas Insurance Code and in Federal law cases. One example is a case from the Northern District of Texas, Dallas Division. The opinion is styled, American National…
Willful Killing Of The Insured
Life Insurance lawyers in Fort Worth need to read this Fort Worth Court of Appeals opinion from 1969. The case is styled, Giles et al. v Wiggins et al. The court discusses the required evidence necessary to invoke the “slayer statute” which is today found in the Texas Insurance Code,…
Beneficiary Causing The Death Of The Insured
Arlington life insurance lawyers should read this 1918 case. It is still good law with good reasoning. It is from the Beaumont Court of Appeals and is styled, Murchison et al. v. Murchison et al. The case says: It was alleged in the petition that G.R. Murchison was the father,…
Willful Killing Of The Insured
Life insurance attorneys will someday see a situation where the beneficiary on a life insurance policy is also the person who killed the insured. Can they recover the life insurance benefits? The Texas Supreme Court addressed that situation in a 1949 case styled, Greer et al. v. Franklin Life Insurance…
Viatical Settlements
Here is something for life insurance lawyers to read. It is from the Texas Department of Insurance web-site. Subchapter R. VIATICAL AND LIFE SETTLEMENTS 28 TAC §§3.1701 – 3.1717 The Commissioner of Insurance adopts amendments to §§3.1701 – 3.1703, 3.1705, 3.1707 – 3.1715, and new §§3.1704, 3.1706, 3.1716, and 3.1717…