Beneficiary designations can be overturned. But you must have a solid legal and factual basis to successfully overturn a beneficiary designation. Otherwise, you are wasting time and possibly money. We have over a decade of experience evaluating designation challenges.
Read MoreAccidental death insurance is not life insurance. Life insurance typically pays out upon the insured's death, regardless of the cause. However, accidental death insurance pays out only if the death meets the criteria of the policy terms.
Read MoreCan a former spouse receive life insurance benefits as the designated beneficiary? The answer is . . . maybe. It depends on whether Texas or federal law applies to the policy. And the circumstances surrounding the designation.
Read MoreAccidental death insurance is not the same as life insurance. For life insurance, the cause of death is generally not important. However, for accidental death insurance, the cause of death is extremely important. Accidental death insurance only pays out for deaths causes by accidents. But only “accidents’ as defined by the policy terms.
Read MoreIn RELIASTAR LIFE INSURANCE COMPANY v. MILLENI, Civil Action No. 4: 17-CV-02818 (S.D. Tex. Mar. 11, 2019). The United States District Court, Southern District of Texas, Houston Division presided over an interpleader lawsuit filed by Reliastar Life Insurance Company ("Reliastar"), the provider of the Decedent's life insurance policy, based on allegations that the Decedent’s husband was connected to her death and thus precluded under the Texas Slayer Statute from receiving the insurance policy proceeds.
Read MoreIn Transamerica Life Ins. Co. v. Quarm (No. EP-16-CV-295-KC, 2017 WL 5476471 (W.D. Tex. November 13, 2017) the Western District of Texas, El paso, considered whether the son of a decedent/power of attorney for the decedent could name himself a beneficiary of the decedent’s life insurance policy. The court ruled that the power of attorney holder was not authorized to name himself as a beneficiary of the decedent’s life insurance policy, but could name his sister.
Read MoreIn Mckenzie v. Mckenzie, Magistrate Judge Bemporad of the Western District of Texas considered whether a purported designation was valid. He decided that it was not.
Read MoreIn Dohnalik v. Somner, 467 F.3d 488, 489 (5th Cir. 2006), the Fifth Circuit Court of Appeals addressed the question of whether an ex-spouse’s designation as a beneficiary under a Servicemembers' Group Life Insurance (SGLI) policy survives a state divorce decree purporting to divest the designee of any such interests.
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