A typical exclusion found in accidental death policies is an exclusion for death resulting from aviation actions.  This exclusion is discussed in a 1997 opinion from the Austin Court of Appeals.  The opinion is styled, Board of Trustees of Employer’s Retirement System of Texas v. Benge. The facts of this case show that the insured flew his plane in an air show.  When he landed, his plane went into a “ground loop,” turning completely around before coming to a stop in the neighboring runway.  Another plane collided with the insured’s plane.  The insured suffered injurie ..read more

What if an insured is killed while committing a burglary?  Is that covered in the policy as an accident? A 1997, Dallas Court of Appeals opinion responds to this question.  The opinion is styled, Grant v. Group Life & Health Insurance Company. Grant used a pry bar to break into a residence of Stokes.  When Grant entered the residence Stokes shot him five times, killing him.  Grant’s wife sued Group Life to recover benefits under an accident policy for the death of her husband.  Group Life moved for summary judgment o the basis that Grant died while committing a b ..read more

Is it suicide or an accident?  Here is a 1998, Austin Court of Appeals opinion styled, Butler v. Group Life And Health Insurance Company discussing this topic. During a social occasion, the decedent and a number of his friends picked up an unloaded gun, and began to point the gun into their mouths and pull the trigger.  At some point, ammunition was placed into the gun.  Decedent did not know this.  After the gun was loaded, but while decedent still believed it was not loaded, decedent picked up the gun, pointed it in his mouth, pulled the trigger and killed himself.   ..read more

Here is a 1999 case where the named beneficiary of a life insurance policy alleges the insured was not competent to cancel the policy.  The opinion is from the United State Northern District of Texas.  It is styled, Benbow v. All American Life Insurance Company, et al. All American Life Insurance Company and General American Life Insurance Company each insured Daniel Benbow under whole life insurance policies that provided coverage of $100,000.  Approximately seven months before Daniel’s death, letters were sent to both carriers requesting cancellation of the policies and furth ..read more

Here is a 1994 opinion dealing with the Texas Slayer Statute.  The opinion is from the 14th Court of Appeals and is styled, Adams v. Aetna Life Insurance Company. The insured was murdered in 1986.  Her husband was initially suspected of the murder, but was cleared by the county sheriff’s department.  After the husband was absolved by the sheriff’s department, Aetna paid him as the named beneficiary on the life insurance policies.  Three years later, it was established that the husband did kill the insured, and the husband was incarcerated. The grandmother brought suit on ..read more

Here is a 1997, Waco Court of Appeals opinion that discusses an issue related to changes to the named beneficiary because of “undue influence.” T.J. Clark could not read or write.  He relied upon Cobb, his wife’s niece, to take care of his financial affairs for over 20 years.  Clark’s will provided for the remainder of his estate passing to Cobb.  Additionally, Cobb was the beneficiary of three life insurance policies.  Over time, Clark expressed concerns about his niece, Justice, and complained about how she bothered him about his will.  When Clark was close to death ..read more

What happens if the beneficiary of a policy does not have an insurable interest in the life of the insured?  Is the policy still valid?  If not, who gets the life insurance proceeds? Here is a 1998 opinion from the Tyler Court of Appeals that addresses this issue.  The opinion is styled, Stillwagoner v. Travelers Insurance Company. The decedent was a registered nurse employed by Advantage Medical Services, Inc.  Unbeknownst to the decedent’s family, the employer took out a $200,000 life insurance policy insuring against accidental death, dismemberment and total disability ..read more

Failure to provide written notice of a claim to life insurance proceeds can prove fatal to being able to receive those proceeds.  This is what happened in the 1995, Fort Worth Court of Appeals opinion styled, Hunt v. Jefferson-Pilot Life Insurance Co. Jefferson Pilot issued a life insurance policy on the life of Hunt in 1989.  Elizabeth Hunt was listed as the primary beneficiary.  In 1990, the Hunts were divorced and Ms. Hunt became Ms. Berks.  Hunt died in 1991 without making any changes to the beneficiary designation on his policy.  Eleven days later, Berks submitte ..read more

Here’s a case dealing with when a beneficiary designation was filed.  It is a 1995, opinion from the Eastland Court of Appeals and is styled, Maris v. McCraw. When Maris died in 1987, per personnel file did not contain a written beneficiary designation form designating any person as the beneficiary of her life insurance proceeds.  Maris was survived by her estranged husband and two children from a prior marriage.  The children filed a declaratory judgment action against the husband contending they were entitled to the insurance proceeds because Maris signed and filed the approp ..read more

There are times when life insurance claims can be complicated by a divorce.  This is illustrated in a 1997, Amarillo Court of Appeals opinion styled Sever v. Massachusetts Mutual Life Insurance Company. The issue in this case was whether the oral redesignation of beneficiary after a divorce redesignating the former spouse was effective.  The Texas Insurance Code, section 1103.054 requires the designation of a beneficiary to be in writing.  Texas Family Code, section 9.301 requires that, upon divorce, a provision in a life insurance policy in favor of the former spouse is not ef ..read more