Bad Faith Insurance Lawyers understand the law in Texas, at least as of the date of this post, requires that an insurer show that any misrepresentation made in an application for insurance be shown to have been made intentionally for the insurance company to be able to rescind the policy…
Articles Posted in Auto Insurance
Who Pays?
Here is a case from the San Antonio Court of Appeals to know and read. It is styled, MGR, Inc. and Miracle Body and Paint, Inc. v. Geico Casualty Company. Miracle is appealing a summary judgment in favor of Geico. Miracle is an independent auto body shop and has performed…
Insurance Company Cheating Again – Forced Placed Auto Insurance
This time, one of the insurance company games does not involve cheating on a claim, rather it involves they overcharging for auto insurance. The information comes from an Insurance Journal story titled, Lawsuit Says Fargo Executives Knew About Insurance Overcharges. The article tells us that Wells Fargo & Co. executives…
Experienced Insurance Lawyer
In cases involving insurance, an experienced insurance lawyer needs to be hired. This is illustrated in an Austin Court of Appeals opinion styled, Jessica Dennis and Douglas Dennis v. GEICO. In August 2016, GEICO sued the Dennises, alleging that a “motor vehicle owned by Plaintiff’s insured Rene Zavala … was…
Regular Use Definition In Auto Policy
Insurance policies have to be read carefully by an insured and by the insurance law lawyers who want to help the insured. This is illustrated in an Austin Court of Appeals case styled, Progressive County Mutual Insurance Company v. Edwin Emenike. This is a summary judgment case granted in favor…
Direct Action Against Third Party Insurer
An insurance lawyer in Dallas or Fort Worth who understands insurance law will tell a client that when a car wreck occurs, the person or entity who caused the wreck is the proper party to sue, not the person or entity’s insurance company. This is illustrated in this 2018, Eastland…
Excluded Driver In A Policy
Almost all auto policies will have a form to fill out called a 515A. This form when filled out and signed excludes named drivers from any coverage while they are operating the otherwise insured vehicle. This topic was discussed in a declaratory judgement opinion from the Dallas Court of Appeals…
Automobile Damages – Actual Cash Value And Diminished Value
Insurance lawyers trying to help client with automobile property damage will find they need to understand and be able to explain the damages in two ways. Actual Cash Value (ACV) and diminished value. “Actual cash value” is the value of the vehicle, less depreciation. The limitation of “actual cash value”…
Repair or Replace Language In An Auto Policy
The terms “repair” and “replace” mean restoring the automobile to essentially the same condition as it was in immediately before the collision. It would not be restored to the same condition if the repairs left the market value of the auto substantially less than the value before the collision. This…
Damage To Your Automobile
Here is some basic information about automobile policy coverage for damage to your insured vehicle. Under this portion of an auto policy the limit of liability to the insurer is the lesser of: 1) the actual case value of the stolen or damaged property, 2) the amount necessary to repair…