Posts Tagged life insurance litigation
Can a common law spouse be a beneficiary of a life insurance policy?
Posted by David Leon in Contract law, Estate planning and probate, Insurance Law on 25/12/2009
Yes. A life insurance applicant may appoint anyone (or any entity) as a beneficiary on a life insurance policy, even a common law spouse. Also, if a common law marriage was in existence, then a common law spouse may have community property interests in a life insurance policy (purchased after the marriage) if the spouse is not listed as a beneficiary.
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Is it possible to prove a common law marriage after death?
Posted by David Leon in Estate planning and probate, Insurance Law on 25/12/2009
Yes. However, the burden of proof shifts after the second anniversary of the death of the purported spouse. If successfully proven, the date of the inception of the common law marriage may be determined by the court.
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The insurance company stated that they have accepted and will pay my claim. How much time do they have?
Posted by David Leon in Insurance Law on 20/09/2009
Generally speaking, an insurance company has five business days to pay an accepted claim. If the insurance company requires paperwork from a party, then the five days begins on receipt of the paperwork.
The controlling statute is Texas Insurance Code Sec. 542.057. PAYMENT OF CLAIM. (a) Except as otherwise provided by this section, if an insurer notifies a claimant under Section 542.056 that the insurer will pay a claim or part of a claim, the insurer shall pay the claim not later than the fifth business day after the date notice is made.
(b) If payment of the claim or part of the claim is conditioned on the performance of an act by the claimant, the insurer shall pay the claim not later than the fifth business day after the date the act is performed.
(c) If the insurer is an eligible surplus lines insurer, the insurer shall pay the claim not later than the 20th business day after the notice or the date the act is performed, as applicable.
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The life insurance company has already paid the proceeds of the life insurance policy to the listed beneficiary. I am the surviving spouse and I wasn’t listed as a beneficiary. Is there anything I can do?
Posted by David Leon in Insurance Law on 15/02/2009
Possibly. If the life insurance company paid proceeds while ignoring the rights of the spouse, then the insurance company may be liable to the surviving spouse
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I was a common law spouse when my spouse purchased a life insurance policy. I wasn’t listed as a beneficiary. Is there anything I can do?
Posted by David Leon in Estate planning and probate, Family Law, Insurance Law on 15/02/2009
Possibly. If you meet the statutory requirements for being a common law marriage at the time the policy was purchased, and community funds were used to purchase the policy, then the policy may be considered community property. The surviving spouse would be considered a one-half owner. These tend to be fact specific matters. Please contact us if you would like to discuss this further.
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Are insurance policies generally characterized as separate or community in Texas?
Posted by David Leon in Estate planning and probate, Family Law, Insurance Law on 15/02/2009
Texas follows “inception of title” when classifying life insurance proceeds. This means that ownership of the policy is established by the source of funds for the first premium. If that premium was paid prior to the marriage or with separate property, then the policy may be considered separate property. This is a highly technical area of law, and matters are case-specific. Please contact us if you would like to discuss a matter further.
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My husband / wife died and designated someone else as the beneficiary of the life insurance policy? What can I do?
Posted by David Leon in Estate planning and probate, Family Law, Insurance Law, Litigation and judgments on 15/02/2009
In Texas, a life insurance policy that is purchased after a person is married, and community funds were used to pay for it, then the surviving spouse may have an ownership interest in the policy. However, a spouse way waive rights to the policy by signing a waiver. If your spouse had designated another as the beneficiary of a life insurance policy without your consent, or if you have questions, please contact us at 214-696-0021
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What are the different types of courts?
Posted by David Leon in Litigation and judgments on 15/02/2009
Small claims and JP courts are typically used for disputes involving less than $10,000. Small Claims courts are limtied to actions for damages. Justice of the Peace courts can hear small claims actions, eviction cases and other matters. For larger disputes involving Texas parties and questions of Texas law, county courts at law or district courts are the most common forum to file a lawsuit. Family courts hear matters involving domestic relations, custody, adoptions and the like. If a case involves the estate of a deceased person, or an incapacitated person, then the probate court is an appropriate forum. For disputes involving questions of United States law (i.e. a federal questions), or for certain large scale disputes involving parties that are not Texan, federal courts are a common forum. Appeals courts hear appeals from the lower courts in thier jurisdiction. In most Texas counties, criminal courts are typically separate.
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The Leon Law Firm Dallas, Texas & NY, NY Business Lawyers (214) 696-0021
This is the Dallas, Texas law firm of David L. Leon, P.C.
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