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Texas Supreme Court Opinions (1/15)

Last week, the Supreme Court of Texas issued opinions in three cases and denied a petition for review with opinion. The Court also granted seven petitions for review and set two mandamus petitions for argument. ...more

Death After Divorce: Who Gets the Proceeds?

Under the common law of some states, if an individual names his or her spouse as the beneficiary on a life insurance policy, gets divorced, and then dies without changing the beneficiary designation, the mere fact of a...more

Federal Law That Provides Death Benefits Be Paid To Named Beneficiary Pre-empts State Law

In Hillman v. Maretta (--- S.Ct. ----, U.S.Va., June 3, 2013), the United States Supreme Court considered whether a state law that provides death benefits from an insurance policy be paid to a current spouse, even if a prior...more

California Court of Appeal Refuses to Extend Insurer's Duties to Nonparty: Spouse of Deceased Insured Has No Independent Fraud...

A spouse may not sue an insurer for individual tort claims under a health insurance policy issued to his deceased wife. Refusing to create a new tort under California law, California’s Fourth Appellate District in The Mega...more

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