What VGD Offers in Dallas Life Insurance Disputes

Vargas Gonzalez Delombard, LLP, brings decades of combined experience in life insurance litigation to families across Dallas and North Texas. Our Texas-licensed attorneys are deeply familiar with both state insurance regulations and federal ERISA law, and we’ve successfully challenged major insurers in state and federal courts throughout the Dallas–Fort Worth metroplex.

We represent clients in:

  • Denied or unreasonably delayed life insurance benefit claims
  • Bad faith denials and insurer misconduct
  • Disputes over beneficiary designations or interpleader actions
  • Challenges involving alleged policy lapse or missed payments
  • Claims rescinded during the contestability period based on alleged fraud or misrepresentation
  • Denials under employer-sponsored or ERISA-governed group life insurance policies

We proudly serve individuals, families, and estate representatives throughout Dallas, Fort Worth, Plano, Arlington, and surrounding North Texas communities.

What Is Life Insurance? How Do Life Insurance Policies Work?

Life insurance is a legally binding contract between the policyholder and an insurance company, designed to provide financial stability to loved ones after the policyholder’s death. In exchange for regular premium payments, the insurer agrees to pay the named beneficiaries a tax-free lump sum death benefit. This benefit can:

  • Help cover funeral costs
  • Pay off outstanding debts
  • Replace lost income
  • Fund college expenses
  • Support long-term living needs

In Texas, most life insurance policies fall into two main categories:

  • Term life insurance, which provides coverage for a specific number of years (e.g., 10, 20, or 30). The policy pays the full benefit if the insured passes away during the term. If the term expires, coverage ends unless renewed or converted.
  • Whole life or permanent life insurance, which offers lifelong coverage and typically includes a cash value component that builds over time. This value can be borrowed against or used to pay future premiums.

Some individuals also receive group life insurance through an employer, which is usually governed by federal ERISA law. While these policies are often more affordable, they can involve complex rules around eligibility, coverage periods, and appeals.

Under the Texas Insurance Code and longstanding contract law principles, insurers must handle claims promptly, fairly, and in good faith. If a claim is denied, delayed, or mishandled, beneficiaries have the right to contest the decision through administrative appeals or civil litigation.

Most policies include a two-year contestability period, during which the insurer can investigate and deny claims based on alleged misrepresentations. After that period, however, policies generally become incontestable unless intentional fraud is proven.

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Why Can a Life Insurance Claim Be Denied?

Common reasons for denial in Texas include:

  • Alleged misrepresentation on the application
  • Missed premiums and policy lapse
  • Death during the contestability period
  • Suicide exclusions
  • Competing beneficiary claims

Insurers may also delay claims by demanding excessive documentation. Rest assured, we know how to challenge these tactics.

What Laws Cover Life Insurance in Texas?

Texas Insurance Code § 541.060 – Unfair Claim Settlement Practices

This statute outlines specific actions that constitute bad faith or unfair claims handling by insurers. It prohibits companies from:

  • Failing to attempt a prompt, fair, and equitable settlement of a valid claim
  • Misrepresenting policy terms or coverage limits
  • Denying claims without conducting a reasonable investigation
  • Refusing to pay claims without providing a valid explanation

If an insurer violates this statute, you may be entitled to actual damages, attorneys’ fees, and even treble damages in cases of knowing misconduct. At VGD, we routinely leverage this law to confront insurers who use delay tactics or deny claims without justification.

Texas Insurance Code § 542.003 – Prompt Payment of Claims

This section mandates that insurers respond to and process claims within specific timeframes. Once a claim is filed, insurers must:

  • Acknowledge the claim within 15 days
  • Begin their investigation and request any necessary documents
  • Approve or deny the claim within 15 business days of receiving all required information

If an insurer fails to meet these deadlines, they may be required to pay statutory interest (18% annually) and attorneys’ fees under Tex. Ins. Code § 542.060. This law ensures that unnecessary delays don’t further harm grieving families.

Texas Insurance Code § 705.005 – Incontestability Clause

Texas law requires life insurance policies to become incontestable after two years, unless the insurer can prove intentional fraud. This means that insurers generally cannot deny a claim based on misstatements in the application once the policy has been in force for two years. This statute protects beneficiaries from late-stage claim denials rooted in outdated or immaterial errors.

Texas Deceptive Trade Practices Act (DTPA) – Consumer Remedies

The DTPA provides enhanced remedies for consumers who are harmed by deceptive, misleading, or unconscionable business practices, including unfair conduct by insurance companies.

When applicable, the DTPA allows for recovery of economic damages, attorneys’ fees, and additional damages in cases of intentional or knowing violations.

While not all life insurance disputes fall under the DTPA, it is a valuable tool in cases involving misrepresentation or fraudulent sales practices.

What Should I Do if My Life Insurance Claim is Denied in Dallas?

A denied life insurance claim can create severe financial and emotional strain, but a denial doesn’t have to be the final word in Texas. If your claim has been rejected, follow these steps to protect your rights and improve your chances of recovery:

  1. Review the denial letter. Insurers are required to explain why they denied the claim. Look closely at the cited policy provisions and the reasons given—common justifications include alleged misrepresentation, policy lapse, or beneficiary disputes.
  2. Gather all related documents. Collect the insurance policy, application, medical records (if applicable), premium payment history, correspondence with the insurer, and a copy of the denial notice.
  3. Avoid making statements or signing anything without legal advice. Insurers may use your responses to further limit or deny your claim.
  4. Understand your rights under Texas law. The Texas Insurance Code provides strict rules around prompt payment and fair claim handling, and you may be entitled to interest, attorney’s fees, or even additional damages.
  5. Contact a life insurance attorney familiar with Texas law. A lawyer can evaluate whether the denial was legal, identify policy terms or state statutes violations, and help you file an appeal or lawsuit if needed.
  6. Don’t delay. Texas imposes deadlines (statute of limitations) for filing lawsuits over denied claims. Acting quickly preserves evidence and protects your legal options.
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Why Choose VGD in Dallas?

Fully licensed in Texas, we understand the nuances of the Texas Insurance Code and the local practices of courts throughout Dallas and North Texas. Our team is bilingual in English and Spanish, ensuring culturally responsive service for the diverse communities we serve. We operate on a contingency fee basis—meaning you pay nothing unless we win—and we’ve built a strong reputation for holding insurers accountable when they delay, deny, or underpay benefits in bad faith.

What Compensation Can You Recover?

Under Texas law, you may recover:

  • Full life insurance death benefits
  • Interest penalties for late payments (per §542.060)
  • Attorney’s fees
  • Emotional distress and economic damages for bad faith
  • Treble damages under the DTPA in qualifying cases

FAQ's

How long do I have to file in Texas?

Can a suicide exclusion be enforced in Texas?

What happens if premiums were missed?

Can VGD help with ERISA claims?

Are life insurance proceeds taxable in Texas?

What if multiple people claim the benefit?

Does Texas allow punitive damages?

Can I recover interest on late payments?

What if I can’t find the original policy?

How long do I have to file in Texas?

Typically, 4 years for breach of contract and 2 years for bad faith or DTPA claims. ERISA claims may have shorter federal limits.

Can a suicide exclusion be enforced in Texas?

Yes, but only within the first two years of the policy, if clearly stated.

What happens if premiums were missed?

Texas law requires written notice and often provides a 31-day grace period. Many policies have reinstatement provisions.

Can VGD help with ERISA claims?

Yes. We handle employer-sponsored life insurance disputes and navigate federal ERISA procedures.

Are life insurance proceeds taxable in Texas?

Texas has no state income tax. Life insurance benefits are generally not subject to federal income tax.

What if multiple people claim the benefit?

An insurer may file an interpleader case in court. We help rightful beneficiaries defend their claims.

Does Texas allow punitive damages?

Yes. In bad faith cases or DTPA violations, punitive and exemplary damages may be available.

Can I recover interest on late payments?

Yes. Under Tex. Ins. Code §542.060, insurers may owe 18% annual interest on late claims.

What if I can’t find the original policy?

We assist in tracking down policies using insurer records or tools like the NAIC Policy Locator.

Your Family’s Future Deserves More Than a Denial

Vargas Gonzalez Delombard, LLP uses the full force of Texas insurance law to protect our clients’ rights and recover what they’re owed. Our firm operates on a contingency fee basis—so you pay nothing unless we win—and our bilingual team ensures every client receives clear, accessible legal guidance. If your life insurance claim has been delayed, denied, or disputed in Dallas or anywhere in North Texas, don’t wait. Contact us today to schedule a free case evaluation and let us fight for the benefits your loved one intended you to have.

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