Dallas Fort Worth Insurance Lawyer Blog

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).

Life Insurance And Paperwork

April 21, 2012 | Mark S. Humphreys

Residents of Grand Prairie, Fort Worth, Arlington, Hurst, Euless, Bedford, and other places in Texas need to be able to read and understand the papers related to life insurance policies. The following case is a good example of this.

The case was decided in 2004, and was an opinion issued by the Dallas Court of Appeals. The style of the case is, Royal MacCabees Life Insurance Company v. Vicki James and The City of Mesquite. Here are some of the facts.

Donnie James was a police officer for the City of Mesquite who died on June 5, 1998. This dispute arises out of a group life insurance policy issued by Royal for City of Mesquite employees. Under the policy, an eligible employee could elect coverage in incremental amounts up to $100,000. It is contended that Donnie James was eligible for, elected, and paid premiums for $100,000 in benefits. There is no dispute as to the first $50,000 in benefits. Royal paid $50,000 after James death. The lawsuit arose out of Royal’s denial of the additional $50,000 in benefits for which Donnie James had paid premiums (through payroll deductions) for four years and ten months prior to his death.

Conditions In A Life Insurance Policy And Lawyers

April 19, 2012 | Mark S. Humphreys

Insureds in Grand Prairie, Fort Worth, Saginaw, Southlake, Roanoke, Keller, North Richland Hills, and other places in Tarrant County need to understand what their life insurance policy says.

The United States 5th Circuit Court of Appeals issued an opinion in 2008, that is on point. The style of the case is, Quihong Liu v. Fidelity and Guaranty Life Insurance Company.

Here is some of the factual and procedural background.

Life Insurance Policy And Lawyer

April 17, 2012 | Mark S. Humphreys

It is hard for someone in Weatherford, Mineral Wells, Millsap, Aledo, Hudson Oaks, Springtown, Willow Park, or any where else in Parker County to understand a life insurance policy. Here is a case that shows how some are interpreted.

The style of the case is Assurity Life Insurance Company v. Varsha Grogan, et al. This is a case decided by the United States Fifth Circuit Court of Appeals in 2007. It is an appeal from the district court’s entry of final judgment in favor of Grogan entitling her to proceeds from her husband’s life insurance policy. Assurity argued that, under Texas law, the policy issued to Mr. Grogan never took effect because it contained a “good health” condition precedent to its effectiveness; and that Mr. Grogan was not in good health on the date relevant to the policy’s effectiveness.

On April 4, 2002, Mr. Grogan submitted to Assurity an application for $1,000,000 of whole life insurance on his own life. This application did not progress and was later closed. On August 8, 2002, Mr. Grogan sent Assurity a letter reaffirming his desire to apply for the policy.

Life Insurance Claim Denial

April 15, 2012 | Mark S. Humphreys

Policy holders in Grand Prairie, Fort Worth, Dallas, Arlington, Irving, Grapevine, Colleyville, Roanoke, Saginaw, Carrollton, and other places in Dallas and Tarrant Counties would need to know the ways a life insurance claim can be denied.

One common reason for denial of a life insurance claim is that the insurance company says there was a misrepresentation made in the application.

The San Antonio Court of Appeals issued an opinion in 1993, that dealt with this issue. The style of the case is, Carmen L. Garcia v. John Hancock Variable Life Insurance Company. Here are some of the facts.

Life Insurance Claim Denied

April 14, 2012 | Mark S. Humphreys

A person in Weatherford, Mineral Wells, Aledo, Azle, Springtown, Peaster, Willow Park, Millsap, Brock, Hudson Oaks. or anywhere else in Parker County who has a life insurance policy might want to know about the following case.

The case was decided by the El Paso Court of Appeals in 1989. The style of the case is Southwestern Life Insurance Company v. Doris L. Green.

Here is some background.

Denial Of Claim Based On Misrepresentation

April 12, 2012 | Mark S. Humphreys

Someone in Grand Prairie, Fort Worth, Arlington, Irving, Dallas, Mansfield, or anywhere else in Texas may find themselves in a situation where an insurance company is denying a claim based on the insured making a misrepresentation in an application for insurance coverage. Does that mean the insurance company wins? Here is a case that might help with the answer.

The case is styled Union Bankers Insurance Company v. Thomas D. Shelton and Ann Shelton. It is a Texas Supreme Court case decided in 1994.

The Sheltons sued Union Bankers and its agent Donny Stone after Union Banker cancelled Mr. Shelton’s health insurance policy on the basis of an alleged misrepresentation in his application. The Sheltons alleged Union Banker breached the contract and the duty of good faith and fair dealing dealing with improperly canceling the policy.

Denial Due To Misrepresentation

April 10, 2012 | Mark S. Humphreys

People in Weatherford, Mineral Wells, Aledo, Azle, Springtown, Peaster, Cool, Millsap, Brock, Willow Park, Hudson Oaks, and other places in Parker County will make mistakes in insurance applications. It just happens. So what if you have a claim denied due to the mistake? Let’s see.

The Houston Court of Appeals, 14th District, issued an opinion in 1991, that is still good law and cited by today’s courts. The style of the case is, Betty Flowers v. United Insurance Company of America.

The basic facts of the case are not in dispute. In November 1987, Betty and her husband, Edward, applied for and were issued a joint life insurance policy with United. In the application for the policy Mr. Flowers was asked a series of questions regarding his health history. In pertinent part, the question asked:

Insureds Under A Policy

April 8, 2012 | Mark S. Humphreys

People in Weatherford, Mineral Wells, Aledo, Azle, Springtown, Millsap, Brock, Willow Park, Hudson Oaks, and other places in Parker County and Texas need to have an understanding of who is covered in their insurance policies.

The Houston Court of Appeals, 1st District, issued an opinion in 1998, dealing with this issue. The style of the case is, Sears, Roebuck and Company v. Commercial Union Insurance Corporation. Here are some of the facts of the case.

Sears and Weingarten Realty, Inc. entered into a lease agreement whereby Sears leased space in a shopping center owned by Weingarten. Under the terms of the lease, Weingarten was required to maintain comprehensive public liability insurance protecting Sears against liability for injury to persons or property occurring in common areas of the shopping center. Weingarten purchased a commercial general liability policy from Commercial Union Insurance Corporation. The first page of the policy listed the “Named Insured” as Weingarten Realty Investors, et al. An endorsement on the second page included Weingarten Realty Investors, Weingarten Properties, Inc., WRI Holdings, Inc. and “all subsidiary, affiliated, associated, or allied companies, corporations, firms, organizations, including partnership and joint ventures as are now or hereafter are constituted for which the Named Insured has the responsibility of placing insurance and for which the other insurance is not otherwise more specifically provided.”

Bad Faith Attorney Helps Homeowner

April 7, 2012 | Mark S. Humphreys

Homeowners in Grand Prairie, Fort Worth, Arlington, Hurst, Euless, Bedford, and other places in Tarrant County and Texas should find the following article interesting.

This is an article from the L A Times that ran on March 18, 2012. The title of the article is “Insurance Company Ordered To Pay Homeowner $8 Million.”

The article tells us that an elderly Hollywood Hills resident whose home was nearly destroyed when a dump truck crashed into it, rupturing a gas line and causing an explosion, was awarded more than $8 million after jurors found that his insurance company of more than 50 years failed to honor its contract.