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…
Bad Faith insurance lawyers are always questioning themselves on where the line is drawn regarding bad faith claims. This issue is discussed in this 2022, opinion from the Western District of Texas, San Antonio Division. It is styled, Dr. John Winston, III v. State Farm Lloyds. State Farm filed a…
Bad Faith Insurance Lawyers need to read this 2022 opinion from the Northern District of Texas, Dallas Division. The style of the case is, Vernon Humphries and Rebecca Humphries v. State Farm Lloyds. The Humphries sued State Farm alleging State Farm failed to pay the full amount of their claim. …
Insurance companies and insurance agents have no general duty to obtain coverage nor to make sure the coverage is adequate. On the other hand, courts have found insurance companies liable for affirmative misrepresentations, and an insurance agent who undertakes to procure insurance for another owes a duty to a client…
Insurance claims denial and negligence related to the insurance policy and claims are questions for insurers and the insured. Here is a few things to keep in mind. Negligence, in the insurance context as in others, consists of three elements: (1) a legal duty owed by one person to another;…
Bad Faith insurance claims are common complaints when dealing with claims being denied. When fighting these cases a common tactic is to sue the adjuster for the wrongs the adjuster did in causing the claim to be denied. When suing an adjuster the insurance company is going to always claim…
Insurance claims lawyers are well aware that insurance companies prefer to litigate in Federal Court. Proper pleading can often times prevent a case from being litigated in Federal Court. Usually suing the adjuster who handled the claim will prevent removal to Federal Court. The key is properly pleading claims against…
Lawyers handling insurance claims that have been denied frequently have a conversations with clients about “bad faith” insurance. Bad faith, generally speaking, often times centers around whether or not an insurance company has committed a fraud. If allegations of fraud are going to be alleged, insurance lawyers need to understand…