Imagine this. A life insurance claim is denied. The beneficiary goes to an attorney who makes sends a demand letter to the life insurance company demanding payment and monies for their bad faith actions. In response to the demand letter the life insurance company sends the policy proceeds, plus interest. …
Insurance lawyers have a tendency to talk a lot about “bad faith” in the context of insurance disputes. However, the Courts have a strong tendency to rule that most cases are simply a breach of the insurance contract and do not amount to “bad faith” and violations of the Texas…
“Bad Faith” attorneys need to read this 2020 opinion from the Western District of Texas, San Antonio Division. The opinion is styled, Macklin Keller v. State Farm Lloyds. Keller had property insurance with State Farm. Keller made a claim for hail storm damage. Keller sued State Farm alleging, among other…
Here is a 2022 opinion from the Northern District of Texas, Dallas Division, wherein the Court explains the standards for a summary judgment motion to be granted. The opinion is styled, Poonam Hospitality d/b/a Quality Inn & Suites v. Lexington Insurance Company. The facts of the case can be gleamed…
Bad Faith Insurance was a topic of discussion in this 2022, opinion from the Eastern District of Texas, Sherman Division. The opinion is styled, Michael Utley v. State Farm Lloyds. Utley submitted a claim to his insurer, State Farm, for alleged hailstorm damage. State Farm adjusted the claim asserting the…
Exactly what is “bad faith” in the context of insurance claims? This issue is addressed in a 2022 opinion from the Northern District of Texas, Dallas Division. The opinion is styled, Robert Casey v. State Farm Lloyd’s. Casey sued State Farm over his dissatisfaction of his claim against his homeowners…
Here is a 2022 opinion from the Northern District of Texas, Dallas Division, that articulates how courts look at insurance bad faith claims. The opinion is styled, Art Dallas, Inc. v. Federal Insurance Company and Derek Franks. This is an insurance dispute involving Federal Insurance Company (FIC) and Art Dallas,…
Insurance attorneys must know the time period from which the statute of limitations starts. This issue is addressed in a 2022, opinion from the Southern District of Texas, Houston Division. The opinion is styled, Patriot Logistics v. Travelers Property & Casualty Company of America. This case deals with various issues…
Bad Faith Insurance – It’s been said that if you need an expert to explain bad faith, then you probably don’t have a case. However, there may be an expert needed on other aspects of the case. Our last Blog explained part of the way that courts look at experts. …
A claim against an insurance company generally speaking, will involve at least two distinct claims. One for a breach of the insurance contract and a second claim for the insurance company acting in “bad faith” in their handling of the claim. This issue was discussed in a 2022 opinion from…