Credit Life and Disability Policies

Credit Life / Disability Policies

April 24, 2012 | Mark S. Humphreys

Car buyers in Grand Prairie, Arlington, Fort Worth, Mansfield, Dallas, Mesquite, Garland, and other places in North Texas should be interested in this case.

The case is from 1996, and was decided by the Austin Court of Appeals. The style of the case is, American National Insurance Company and Heart of Texas Dodge v. Rosemary Paul and Don Paul. Here are some of the facts.

On February 16, 1993, the Pauls purchased a van from Dodge. Before this date, Mr. Paul negotiated the purchase terms of the van with one of Dodge’s agents. Mr. Paul asked the sales agent whether the purchase price included credit disability insurance. The agent responded that he did not know. Beyond this inquiry there was never any discussion of whether credit disability insurance was to be included in the transaction.

Credit Accident And Health Insurance Policies

April 22, 2012 | Mark S. Humphreys

Most people in Grand Prairie, Fort Worth, Bedford, Euless, Hurst, Grapevine, and other places in Tarrant County would not know exactly how credit policies work. Insurance companies have in the past, tried to say that these “credit policies” are not regulated by the Texas Department of Insurance.

An opinion issued in 2003, declares that these credit life and health policies are regulated by the Texas Department of Insurance. The case is, Service Lloyds Insurance Company v. Jose Montemayor, Commissioner of Insurance, and the Texas Department of Insurance. Here is some background.

The case was decided by the Austin Court of Appeals, and was an appeal from a judgment affirming an order of the Texas Department of Insurance (TDI).

Credit Life Insurance Case

February 7, 2012 | Mark S. Humphreys

When someone in Grand Prairie, Arlington, Fort Worth, Saginaw, Roanoke, Keller, Rhome, Colleyville, and other places in Tarrant County and Texas purchase something on credit or take out a loan, they will often times have the option of purchasing some sort of credit life and disability insurance. Here is a case dealing with what happened in one situation where this was done.

The style of the case is Norman v. League City National Bank and Life of America Insurance Company. This is a 1998, Houston Court of Appeals (1st Dist) case. Here is some background.

Mr. Norman applied for and obtained two loans from the Bank. In connection with the loans, he applied for and obtained credit life insurance from Life of America Insurance Company. Mr. Norman died before making any payments on either loan. The Bank submitted a claim to Life of America, but the claim was denied. The Bank then filed suit against Life of America for payment under the insurance policies. The bank also filed suit in probate court against Mr. Norman’s estate and Mrs. Norman for payment of the loans. Mrs. Norman then filed suit against the Bank and Life of America asserting claims under the Texas Insurance Code, the Texas Deceptive Trade Practices Act, (DTPA) and for breach of warranty. All actions by all parties were consolidated in the probate court.

Mortgage Accidental Death Policy

April 12, 2011 | Mark S. Humphreys

Mortgage holders in Grand Prairie, Weatherford, Arlington, Aledo, Azle, Fort Worth, Dallas, Irving, Hurst, Euless, Bedford, Pantego, and other places in Texas would find an interest in the case discussed below.

The United States Court of Appeals for the Fifth Circuit, issued an opinion on March 18, 2011, styled, Brenda LeMeilleur v. Monumental Life Insurance Company: Trustees of the National Homeowners Group Insurance Trust, c/o Countrywide Insurance Services, Incorporated. This case is an appeal from the district court where a ruling was handed down in favor of the insurance company. That ruling was affirmed by this appeals court.

Here are some facts:

Credit Life And Disability Policy

December 16, 2010 | Mark S. Humphreys

When someone in Grand Prairie, Fort Worth, Dallas, Benbrook, Crowley, Cedar Hill, Newark, Cedar Hill, Weatherford, Aledo, Azle, Lake Worth, or anywhere else in Texas buys a car or truck on credit, the dealership will always offer the purchaser the option of getting a credit life and disability insurance policy. The purpose of this type of insurance policy is to pay off the loan if the purchaser dies before paying off the loan or makes the loan payments if the borrower becomes disabled while the debt is still owing.

A case from the Court of Appeals of Georgia issued an opinion on June 30, 2010, where this type of policy was the subject of a lawsuit. The style of the case is Resource Life Insurance Company v. Buckner et al. This was a class action lawsuit.

Here is some background. In early 2001, Dorothy Buckner purchased a car and financed it with a loan. As part of that transaction, Buckner bought both a credit life and a credit disability insurance policy from Resource Life Insurance Company (Resource). In November 2001, Buckner’s automobile was totaled and her debt on the car was extinguished, thereby triggering the automatic cancellation of the Resource policies. At that time, Resource owed Buckner a refund of her unearned premium in the amount of $1,213.60. Based upon an alleged mathematical error by the automobile dealer who issued the refund on Resource’s behalf, Buckner did not receive the entire amount she was owed.

Credit Life And Disability Policies In Texas

July 13, 2010 | Mark S. Humphreys

Most every person in Grand Prairie, Arlington, Mansfield, Fort Worth, Bedford, Mesquite, De Soto, Duncanville, Weatherford, or anywhere else in the State of Texas, has at one time or another purchased something on credit. Many times when a credit purchase is made a person will have the opportunity to purchase some sort of insurance that will pay the debt in the event that you become disabled or killed before the debt is repaid.

Almost all credit card companies will offer credit life and disability for a few extra dollars each month and charged a fee based on the total amount of the debt due on your credit card. The payment for this insurance is going to be charged and included in your credit card payment. Another place most people will see this type of insurance being offered is with a home purchase. If you do not purchase this option when you purchase the home, you will receive numerous solicitations in the mail offering this insurance to you. Another time a person is almost always requested to purchase this type of insurance is when an automobile purchase is made on credit. If this type of insurance is purchased in a car transaction it is going to be at the point of sale and is usually a lump sum and rolled into the loan for the vehicle.

Texas laws exist to regulate credit life and disability policies in Texas. The chapter of the law dealing with this is cited as the Act for the Regulation of Credit Life Insurance and Credit accident and Health Insurance.

Dallas / Fort Worth Widow Settles Insurance Dispute

August 15, 2009 | Mark S. Humphreys

A DFW area (Weatherford) widow and resident of Texas, recently got a good settlement involving a credit life insurance policy.

In 2005 a man went into a local car dealership to buy a new truck. After the down payment and trade-in he financed a little over $27,000 on the truck. While closing the deal with the finance manager at the dealership he was asked to purchase a credit life policy covering the debt on the truck and he did. This type of policy is suppose to pay any remaining debt on the loan. A year later he died and the debt on the truck remained at about $23,000.

His widow applied for benefits to pay off the truck and was denied. The stated reason for denial was that her husband had lied about his medical conditions on the application for insurance. He had died from a cause that was asked about on the application. The application had a box checked wherein he was stating he had never had that medical problem, and it was signed by him. The insurance company sent a copy of the application with the box checked and the husbands signature, to his widow.

Texas Insurance: Credit Life and Disability Policies

June 30, 2009 | Mark S. Humphreys

Some people know what a Credit Life and Disability Policy is but not everybody. Essentially it is a policy of insurance that is purchased by a borrower of money and the policy is suppose to do two basic things. One, pay off the loan in the event the insured person dies and two, make the payments due on the borrowed money while a person is disabled for as long as the disability lasts.

Most of the time these are purchased in two situations. The first and most common is when someone mortgages their home. The second is when someone purchases an automobile. There are many other financial situations where a credit life and disability policy is offered to a borrower and sometimes the lender requires it to be purchased.

Another situation where these types of policies are seen is in credit card transactions. Lots of credit cards offer the coverage free of charge while others charge you a few dollars a month for the coverage. In the credit card situation it is usually a matter of knowing or remembering you have the coverage when the time comes for yourself or a surviving heir to apply for the benefit. We have not seen lots of situations where this benefit is denied or refused in a credit card situation and in the situations where it has occurred, we have been able to resolve the conflict with a few phone calls or certified letters. It has been rare to actually get involved in a lawsuit.