Grapevine insurance attorneys need to be able to recognize when fraud or misrepresentation occurs in the insurance context. To accuse an insurance agent or insurance company of fraud there needs to be proof of the following elements: 1) a material representation was made; 2) the representation was false; 3) the…
Articles Posted in Bad Faith Insurance
Exemplary Damages In DTPA and Insurance Cases
Tarrant County lawyers need to be able to understand the case facts that will get them to exemplary damages. To know the difference between the threat of and the reality of getting them based on what transpired in the case. Texas case law clearly allows for the recovery of exemplary…
First Party Insurance
Mineral Wells insurance lawyers need to know the difference between first party claims and third party claims and how that relates to bad faith insurance claims. The Texas common law duty of good faith and fair dealing extends protection to the insured, whether the insured obtained the insurance coverage directly…
Duties Of Insurance Company When Claim Is Made
Dallas insurance lawyers should be able to discuss all of the enclosed with you. The Texas Insurance Code, Section 542.055, says an insurance company shall acknowledge receipt of a claim within 15 days after they receive notice of a claim and begin its investigation and request from the claimant all…
What Insurance Companies Have To Do
Parker County lawyers who handle insurance cases need to know some of the duties imposed on insurance companies when handling a claim for benefits. The Texas Prompt Payment of Claims Act is found in the Texas Insurance Code. It details the duties imposed on an insurance company when a claim…
Texas Insurance Code And The Texas Deceptive Trade Practices Act
Here is some information that all Dallas and Fort Worth insurance lawyers should know. The Texas Insurance Code sections and Deceptive Trade Practices Act(DTPA) were adopted together by the Texas Legislature in the 1970’s as part of a reform legislation package. They are interrelated and incorporate each other. Texas Insurance…
Insurance Misrepresentation
Dallas insurance lawyers need to know insurance misrepresentation when they see it. The Texas Insurance Code Section 541.061(2) makes it illegal for an insurance company to fail to disclose relevant information. The Texas DTPA does the same thing in Section 17.46(b)(24). There are several sections of the insurance code that…
Bad Faith Insurance Examples Of Unfair Settlement Practices
Dallas insurance attorneys should know examples of the ways insurance companies commit bad faith insurance code violations with their insured customers. Most of these violations can be found in Chapter 541 of the Texas Insurance Code. The Texas Department of Insurance is a place to go to file a complaint…
Misrepresentations By Insurance Agents And Companies
Dallas insurance lawyers will find that misrepresentations by insurance agents and companies are a big area of litigation in insurance cases. One of the most common reasons for an insurance dispute is the complaint that someone misrepresented something. Sometimes it is the company saying the insured made misrepresentations in the…
Bad Faith Insurance
Parker County lawyers need to have a basic understanding of how to see bad faith insurance when it happens. To understand the different ways disputes can arise, it is helpful to consider the sequence of events that are likely to occur. To do this, try to divide the purchase of…