An insurance policy is a contract between you and your insurance company. If you make a claim under your policy, Texas law requires that your insurance company acts “reasonably” and in “good faith” when determining whether or not to pay benefits under a policy. If an insurance company fails to act reasonably, it has violated Texas law and you may be entitled to damages.
An insurance company owes a fiduciary duty to its insureds. This means that the insurance company may not put its own interest above that of an Insured. Texas law requires that insurance companies act fairly when dealing with their insured.
Not all denials are done in bad faith, however. If an insurance company has a good reason to deny a claim, then it has acted in good faith. Some examples are: the insured failed to cooperate with insurance company, a policy lapsed, a loss is not covered by the policy or there is fraud. In cases such as these, an insurance company can deny a claim.
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Insurance Law, Litigation and judgments
bad faith, deceptive trade practice, insurance
Probate is the process by which you prove that a person is deceased and who should be entitled to the deceased person’s property (including ownership of a lawsuit for injuries sustained prior to death.) The deceased is commonly referred to as the “Decedent” and the property of the Decedent is called the “Estate.” If the Decedent had a will, then the will needs to be taken to probate court where a judge will rule on the will’s validity (called a “prove up”). During this process, the judge will appoint (typically per the terms of the will) a representative of the Decedent’s estate. This person is called an “executor” of the estate. Contact us for more information.
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Litigation and judgments, Personal injury, auto accident, slip and fall law, Wrongful death and probate
probate litigation
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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Insurance Law
common law marriage, life insurance, life insurance litigation, probate litigation
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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Insurance Law, Wrongful death and probate
common law marriage, life insurance litigation, probate litigation
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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Insurance Law, Wrongful death and probate
common law marriage, life insurance litigation, probate litigation
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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Insurance Law, Litigation and judgments, Wrongful death and probate
common law marriage, life insurance, life insurance litigation, probate litigation
If someone dies due to the act or omission of another, then there may be a cause of action by the heirs of the deceased for Wrongful Death. If the deceased suffered personal injury prior to death, then the deceased’s estate may have a cause of action called a survival claim. We can assist with either the prosecution of these matters. Some of the services include ancillary probate, appointment of personal representatives, appointment of an independent administrator of an estate, determination of heirs and determination of common law marriage. This also includes obtaining letters testamentary or letters of administration of an estate. Contact us if you have a situation that you would like to discuss in detail.
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Litigation and judgments, Personal injury, auto accident, slip and fall law, Wrongful death and probate
probate litigation, wrongful death
Yes. Texas law recognizes informal marriages. This issue most often after the death of one spouse, where the surviving spouse is attempting to prosecute a claim or where a surviving spouse is seeking a death related benefit from the deceased spouse.
The elements of a common law marriage are that a couple (1) agreed to be married, (2) lived together as husband and wife, (3) represented to others that they were husband and wife, (4) were more than 18 years old and (5) neither party was already married.
If a person is attempting to prove the existence of an informal marriage, then that person should do so within two years of the date the marriage ended (by either abandonment or death), as the burden of proof will shift.
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Insurance Law, Wrongful death and probate
common law marriage, probate litigation
