Life Insurance and divorce have to be reconciled when an insured dies. There are many issues that arise in these situations. Here is a 2023 opinion from the Eastern District of Texas, Sherman Division that is a necessary read for any attorney handling life insurance cases wherein an insured dies…
Articles Posted in Life Insurance
Life Insurance = Misrepresentation – 3
Life Insurance claims denial attorney are well aware of this 2023 opinion from the Texas Supreme Court. The opinion is styled, Arce v. American National Insurance Company. In the opinion the Texas Supreme Court discussed “intent.” American National argued that, because the Texas Legislature included the word “intent” in other…
Life Insurance Denial – Misrepresentation – 2
Life Insurance claims denial attorney are well aware of this 2023 opinion from the Texas Supreme Court. The opinion is styled, Arce v. American National Insurance Company. The Court discussed the plain text of Texas Insurance Code, Section 705.051 wherein it states: “a misrepresentation in an application for a life,…
Life Insurance Denial – Misrepresentation – 1
Life Insurance claims denial attorney are well aware of this 2023 opinion from the Texas Supreme Court. The opinion is styled, Arce v. American National Insurance Company. On April 28, 2023, the Texas Supreme Court held that a life insurer seeking to avoid a life insurance policy via a Texas…
Life Insurance – Date Of Termination – Claims Denial Attorney
Credit Life Insurance is the type of policy at issue in this 1979 opinion from the Fort Worth Court of Appeals. The opinion is styled, Leach v. Eureka Life Insurance Company of America. Tommy Leach took out a loan from a bank and as part of the loan agreement, Tommy…
Life Insurance And More Than One Beneficiary – Life Insurance Claim Denial Attorney
Here is an unusual life insurance situation. It is an opinion from 1992. The opinion is from the Amarillo Court of Appeals and is styled, Ester Belle Medlin, Appellant v. Earnest G. Medlin, Floyd W. Medlin, Brenda E. Burford and Carolyn E. Medlin, Appellees. The question to be determined in…
Life Insurance – Electronic Funds Transfer
Life Insurance lawyers will eventually receive a phone call wherein the potential new client complains that the life insurance company quit making agreed upon payments for the life insurance from the potential client’s bank account. Here is a 2023 opinion from the Southern District of Texas, Victoria Division, that discusses…
Life Insurance – Duty Of Good Faith And Fair Dealing
Life insurance lawyers and other attorneys dealing with insurance companies will often speak of the insurance company “duty of good faith and fair dealing.” This issue is discussed in a 2023 opinion from the Northern District of Texas, Dallas Division. The opinion is styled, Avery D. Ensley v. Genworth Life…
Life Insurance Lawyers – Intent To Deceive
Life Insurance Attorney must read this 2023 opinion from the Texas Supreme Court. The opinion is styled, American National Insurance Company v. Bertha Arce. This is arguably the most important life insurance opinion in many years in Texas and centers around whether or not the insurer must prove intent to…
When Does Life Insurance Coverage Terminate?
Life insurance lawyers will tell you that the answer to the titled question is dependent on the wording of the insurance policy and the facts of the case. This issue was discussed in the 1979, Fort Worth Court of Appeals opinion styled, Leach v. Eureka Life Insurance Company of America.…