Texas insurance lawyers need to have an understanding about the reasons an insurance can properly rescind a policy or to put it another way – the reasons an insurance company cannot properly rescind a policy. As a general principle, prior to a loss an insurance company has the right to…
Articles Posted in Life Insurance
Life Insurance Claims Denial
Fort Worth life insurance lawyers need to read the 1983 case Gloria Cartusciello v. Allied Life Insurance Company of Texas. The case is from the Houston Court of Appeals [1st Dist.]. The facts are simple and virtually undisputed. Michael Cartusciello obtained a credit life insurance policy from the Allied after…
There Must Be Intent To Deceive
Palo Pinto life insurance lawyers who handle life insurance claims that are denied need to read this case from the Houston Division of Texas Southern District. The case is styled, Kirk v. Kemper Investors Life Insurance Company. The case deals with misrepresentations made in an application for life insurance. This…
Misrepresentation – Knowledge of Agent
Dallas and Fort Worth Life insurance attorneys need to read this 2006, opinion from the United States District Court, Southern District of Texas, Houston Division. The style of the case is, Kirk v. Kemper Investors Life Insurance Company. This case arises from a life insurance policy issued by Defendant Kemper…
Intent To Deceive
Life insurance attorneys in the Dallas and Fort Worth area need to know this 1991 case. It deals with how an insurance company must prove “intent to deceive” when asserting that an applicant for insurance has misrepresented their health in a life insurance policy. The case, from the Houston Court…
Misrepresentation In Life Insurance Application
Dallas life insurance lawyers want to know this case. It is from the San Antonio Court of Appeals and styled, Garcia v. John Hancock Variable Life Insurance Company. This is an appeal of a summary judgment granted in favor of John Hancock. In support of its motion for summary judgment,…
Life Insurance Beneficiary
Arlington insurance attorneys need to know when someone can collect on a life insurance policy as a beneficiary. A 1995, Eastland Court of Appeals opinion is worth reading. The style of the case is, Maris v. McCraw. Here is some information from the case. The controlling issue in this circumstantial…
Life Insurance ERISA Plan
Life Insurance attorneys in the Dallas and Fort Worth area will see life insurance policies that are ERISA plans. They learn quickly that ERISA plans are different from other types of life insurance plans. This is illustrated in a 5th Circuit Court of Appeals case styled, Ellis v. Reliance Standard…
Life Insurance And Competing Claims
Life insurance attorneys in Dallas will run across situations where there are competing claims for policy benefits. Sometimes those claims are legitimate concerns and sometimes not. A 2014, opinion from the US Court of Appeals, 7th Circuit needs to be read. The style of the case is, State Farm Life…
Life Insurance In A State Other Than Texas
Texas life insurance attorneys need to have a basic working knowledge of how other states handle life insurance claims. Often times a Texas attorney will have a situation where the law of another state may apply to a life insurance claim. Here is a case to read. It is styled,…