Lawyers who handle life insurance cases need to be aware of the various ways a life insurance agent can be held responsible for wrongful acts.
In the Garrison opinion, an agent personally carried out the transaction that formed the core of the unfair insurance practices complaint. The agent was responsible for explaining premiums and was…
Texas Life Insurance Attorneys need to be aware of the agency principals whereby an agent can be held liable for his or her actions.
An agent may be liable for violation common-law or statutory duties to the insured. For example, an agent who undertakes to get insurance may be liable for negligently failing to get…
Life insurance lawyers need to know the legal theories whereby a life insurance agent can be held liable for the wrongs they commit. These agent responsibility don’t just extend to life insurance agents but to agents in other areas of insurance.
As the contracting party, the insurance company of course may be liable based on…
The Texas Insurance Code allows for recovery of mental anguish damages if it can be proven that the illegal conduct of the insurance code was committed knowingly. Section 541.152 speaks to the knowing conduct.
An award of mental anguish damages may be upheld when the plaintiffs have introduced direct evidence of the nature, duration,…
Life insurance attorneys often have to make a decision on whether or not to file suit against the agent who sold a policy. In that regard, what are the time limits for doing so.
This case involves claims for life insurance benefits and disability benefits. The policies at issue were purchased in 2005. A lawsuit…
A witness who is qualified as an expert by knowledge, experience, training, or education may testify in the form of an opinion or otherwise if:
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Life insurance is an option, as far as this author knows, under all ERISA plans. Life insurance is treated virtually the same as other benefits under ERISA plans.
This lawsuit is brought under the Employees Retirement Income Security Act of 1974, 29 U.S.C. Section 1001 et seq. (ERISA) after her husband Karthik died in the…
This a life insurance case that was filed in Texas. McGinnis asserted that he was a citizen of Texas. Nationwide filed a Rule 12(b)(1) motion to dismiss contending, inter alia, that the court lacks subject matter jurisdiction because MGinnis was an Oklahoma citizen when the lawsuit was filed.
To establish his Texas citizenship on…
Williams sued Minnesota Life alleging it fraudulently represented that the policy would cover a death resulting from accidental asphyxiation.
Minnesota filed a Rule 12(b)(6) motion asking the Court to dismiss Williams claims for bad faith in it’s handling of her claim for life insurance benefits.
The Court granted their motion.
Minnesota Life argues that Williams’s…
