The doctrine of substantial compliance

Our firm routinely handles life insurance beneficiary disputes throughout Texas.  Often a beneficiary disputes revolves around an attempted beneficiary designation that the insurance company refuses to accept. 

Insurance companies often place form over substance, and sometimes reject beneficiary designation forms because of relatively minor defects.  However, both Texas and Federal courts recognize the doctrine of "substantial compliance" in evaluating the validity of a beneficiary designation.  In essence, a court may enforce a designation that is arguably technically deficient if  it clearly demonstrates the intent of the insured to designate a particular person as the beneficiary.

It is very important to retain an attorney experienced in handling these cases if you become involved in a dispute regarding the proper beneficiary of a life insurance policy.  You may lose important rights and weaken your position if you do not aggressively and correctly assert the legal and factual basis for your claim to the benefits.

J. Michael YoungComment