Dallas insurance lawyers will all have tales of people who lost cases they might have otherwise won if only they had hired an experienced Insurance Law Attorney. This is illustrated in a Dallas Court of Appeals case styled, Marqueth Wilson v. Colonial County Mutual Insurance Company. Please understand that even…
Articles Posted in Bad Faith Insurance
Who Can Sue An Insurance Company?
Benbrook insurance lawyers need to know who can properly be a plaintiff in a lawsuit against an insurance company. In order to sue an insurance company, the plaintiff must have “standing.” A 1996, 5th Circuit Court of Appeals opinion states that an intended beneficiary under a policy of insurance has…
Who Has Standing To Sue An Insurance Company
Arlington insurance lawyers need to be able to answer the above question when someone comes into their office with a complaint. Simply put, standing means the legal right to be in court on a case. Texas Insurance Code, Section 541.151 grants a cause of action to a person who sustains…
Insurance Misrepresentations
Fort Worth insurance lawyers know the statutes dealing with insurance misrepresentations can be found in the Texas Insurance Code. Several sections deal with this issue. The different types of misrepresentations that are prohibited by statute are found in sections, 541.051, 541.052, 541.053, 541.055, 541.059, 541.060(a)(1), and 541.061. These misrepresentations are…
Delay In Paying Insurance Claim
Dallas insurance attorneys know the statutes dealing with the requirements of time within which an insurance company must pay a claim. A 2000, Corpus Christi Court of Appeals case addresses this issue. The style of the case is, Colonial County Mutual Insurance Company v. Hector Valdez. Hector Valdez bought a…
Insurance Company Unfair Settlement Practices
Grand Prairie insurance attorneys need to know what insurance company unfair settlement practices are and how to recognize them. The Texas Supreme Court and lower courts have opinions issued describing what has happened in certain situations. However, the Texas Insurance Code has specific statutes that are helpful for insurance lawyers.…
Insurance And Damages
Fort Worth insurance lawyers need to know how to calculate damages under the Texas Deceptive Trade Practices Act (DTPA) and the Texas Insurance Code. A Beaumont Court of Appeals is a good case for instruction on this point. The style of the case is, National Lloyds Insurance Company v. Latosha…
Bad Faith Insurance
Dallas insurance lawyers handling bad faith claims need to read this 2015 opinion from the Beaumont Court of Appeals. It is styled, National Lloyds Insurance Company v. Latosha A. Lewis. Lloyds appealed the trial court’s judgment in favor of Lewis following a jury trial. In seven appellate issues, Lloyds challenged…
Misrepresentation Of Insurance Policy
A Fort Worth insurance lawyer needs to know when there was a misrepresentation of an insurance policy. A 1994, Corpus Christi Court of Appeals is worth reading on this topic. The style of the case is Celestino v. Mid-American Indemnity Insurance Company. Here is some of the information from that…
Is It Bad Faith To Cancel A Policy?
Lawyers handling bad faith cases in the Dallas and Fort Worth areas need to recognize a bad faith case when they see it. This is not always easy. An El Paso Court of Appeals case from 1996, is an example. The style of the case is, Columbia Universal Life Insurance…