Bad faith is hard to prove in Texas. The standards for getting a bad faith judgment are high standards. But it can be done. It just depends on the circumstances of the case. The Telegraph, a Macon Georgia, newspaper published the results of a bad faith case involving Geico insurance. …
This may come as a surprise to many but here goes, — There is no such thing as “negligent claims handling” recognized by Texas courts. This is re-stated by the U.S. District Court, Western District, Austin Division, in the case styled, Thomas G. Kezar and Sylvia Kezar v. State Farm…
Texas insurance lawyers are always asking the above question when someone comes to see them about an insurance company doing them wrong. To start with, as the contracting party, the insurance company can be liable based on the contract that exists between them and their customer. There are also several…
Information for Palo Pinto County Insurance Lawyers – The Texas Supreme Court, in 1996, issued an opinion in a case styled, Liberty National Fire Insurance Co. v. Akin, that said: “Insurance coverage claims and bad faith claims are by their nature independent but, in most circumstances, an insured may not…
Insurance lawyers need to know about this 2017 case from the Eastern District, Sherman Division. It is styled, Hidden Cove Park and Marina et al v. Lexington Insurance Company, et al. The case concerns the discovery of an insurance company’s loss reserves. The Court held a telephonic conference regarding a…
Bad Faith insurance lawyers got a favorable ruling in the Texas Supreme Court recently. This is discussed in an article published by the Claims Journal. It is titled, Texas High Court Establishes Clear Rules For Breach Of Contract, Bad Faith Suits Against Insurers. In an effort to clear up confusion…
For Texas insurance lawyers, here is a new opinion from the Texas Supreme Court. It is styled, Menchaca v. Texas Lloyds. This claim arises from an insured’s claim for losses sustained during Hurricane Ike. The insured sued USAA for (1) breach of contract and for (2) Unfair Settlement Practices under…
Palo Pinto insurance lawyers know the above question can be difficult to answer. Each situation is different. The Stowers doctrine in the law is an example to look toward for some understanding. The heart of a Stowers claims is the 1929 decision in G. A. Stowers Furniture Co. v. American…
Dallas and Fort Wort insurance lawyers will commonly get calls from people who want to sue an insurance company because the insurance company was not treating them right in the claims process. Many times these people will be third party claimants. Third party claimants cannot sue the other guys insurance. …
It’s easy to say “bad faith.” It’s not always easy to prove. Insurance lawyers have to look hard and rarely will be successful. A 1992, San Antonio Court of Appeals opinion helps explain why. The case is styled, State Farm Lloyds v. Polasek. A fire destroyed the Polasek’s video rental…