The designated beneficiary of a life insurance policy generally is entitled to the proceeds upon the death of the insured. Absent an adverse claim, the insurer may pay the benefits to the designated beneficiary. This is discussed in the 1967, Texas Supreme Court opinion styled, McFarland v. Franklin Life Ins.…
Here is a life insurance case that went to trial in 2023. The case is styled, Mirna Guzman v. Allstate Assurance Company. The case was tried in the Northern District of Texas, Amarillo Division. Allstate filed a declaratory judgment action against Guzman to have the life insurance policy she had…
Imagine this. A life insurance claim is denied. The beneficiary goes to an attorney who makes sends a demand letter to the life insurance company demanding payment and monies for their bad faith actions. In response to the demand letter the life insurance company sends the policy proceeds, plus interest. …
Can someone who is not related by blood have a pecuniary interest in the life of another as it relates to life insurance policy? This answer is discussed in a 1942, Texas Supreme Court opinion styled, Drane v. Jefferson Standard Life Ins. Co. Here is what the court discussed in…
Who are those who have an insurable interest in the life of a person? The answer is usually obvious, but not always. Here’s an answer. Those who have an insurable interest in the life of another fall into three general classes: The first category is one so closely related by…
Life insurance lawyers know that a beneficiary of a life insurance policy must have an “insurable interest” in the life of the insured. Those who have an insurable interest in the life of another fall into three general classes: (1) one so closely related by blood or affinity that he…
What if the person who is the named beneficiary of a life insurance policy, intentionally caused the death of the insured? Who gets the money? Pursuant to the 1987, Texas Supreme Court opinion, Crawford v. Coleman, a beneficiary who willfully participates in bringing about the insured’s death, either as a…
Who is the named beneficiary primary beneficiary under the policy and will that person always be the person who receives the policy benefits is a question many life insurance attorneys are asked by prospective client. This issue is discussed in a 1981 Eastland Court of Appeals opinion styled, Pilot Life…
Are spouses always entitled to life insurance benefits when the other spouse dies? Life insurance lawyers need to be able to discuss this with prospective clients. One spouse can designate his or her estate as the beneficiary of the policy, at the expense of the other spouse, absent any showing…
For attorneys handling life insurance claim, a 1998, opinion from the Corpus Christi Court of Appeals is a good read. The opinion is styled, Camp v. Camp. In this opinion, Rebecca Camp (“Rebecca”) appeals a summary judgment denying her the proceeds of her deceased husband’s term life insurance policy. Rebecca…