Fort Worth insurance lawyers need to be able to recognize a claim wherein conduct arises to a level allowing recovery for mental anguish damages. The 1999, Fort Worth Court of Appeals case styled, “Mid-Century v. Foreman” is helpful. Here is some of the relevant information. Joyce Foreman was involved in…
Dallas insurance attorneys know that misrepresentations in insurance are essentially the same as misrepresentations in any other area of law. The Texas Supreme Court told us in 1990, that a false representation must involve an existing or past material fact, rather than a statement of opinion, judgment, probability, or expectation…
Dallas area insurance attorneys need to be aware of the opinion issued by the Houston Court of Appeals, First District of Texas, in August of 2013. The style of this case is Houstoun, et al v. Escalante’s Comida Fina, Inc. Here is some background information. Between 2003 and 2008, Escalante’s…
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…
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…
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…
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…
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…
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…
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…