Insurance agents misrepresenting the terms and conditions of an insurance policy is a common complaint. Here is a 1994, Texas Supreme Court opinion styled, Celtic Life Insurance Company v. John D. Coats, Jr. This case presents three issues relating to an insurance company’s liability for its agent’s representations: first, whether…
Filing a lawsuit is not as simple as saying the words. One common reason for suing an insurance company is based on allegations of fraud. A 2021, opinion from the Southern District of Texas, Galveston Division, shows that pleading fraud an insurance company has to meet certain criteria or the…
Bad Faith insurance is a frequent topic when a person feels like they have been treated improperly by their insurance company. This issue is discussed in a 2021 opinion from the Eastern District of Texas. The opinion is styled, Aspen Specialty Insurance Company v. Yin Investments USA, LP. This opinion…
An old Insurance Lawyer once stated about “bad faith” that if you have to have an expert to tell you whether the insurance company acted in bad faith, or not, then there probably not bad faith in whatever the insurance company did. In 2021, a court in the Western District…
Hee is a 2021, opinion dealing with bad faith claims by an insured and the insurance company efforts to dispose of the bad faith claim via summary judgement. The opinion is from the Southern District of Texas, Houston Division, and is styled, GeoVera Specialty Insurance Company v. Sam Walker. The…
The question asked in the title is a good question. However, it is a hard question to answer. A 2021, opinion from the Northern District of Texas, Fort Worth Division, lends some insight into how bad faith is analyzed by the courts. The opinion is styled, Cocanougher Asset No. 3,…
Insurance lawyers are frequently asked, “Can you make the insurance company pay my attorney fees?” Here is a case from the Southern District of Texas, Houston Division. The case is styled, Shane and Shannon Richardson v. Liberty Insurance Co. Most case, over 98%, get resolved short of a trial. Some…
Here is an interesting case dealing with hail damage. This is a 2021, case from the San Antonio Court of Appeals. It is styled, Allstate Vehicle And Property Insurance Company v. Peter Reininger. The opinion is an appeal from a jury trial in favor of Reininger. The opinion is lengthy…
There are many actions or inactions an insurance can be accused of that may amount to bad faith. One of those is discussed in a 2021 opinion from the Northern District of Texas, Sherman Division. The opinion is styled, Deanne M. Hinson v. State Farm Lloyds. A Magistrate Judge was…
An argument that insurance companies make in many “bad faith” claims is that there can be no bad faith unless or until there is a breach of the insurance contract. To reach the level of bad faith insurance, most of the time there has to be a breach of the…