Claim Denial lawyers need to have a full understanding of the rules regarding the time periods for filing a lawsuit and how to avoid pitfalls in this area of the law. This is discussed in a Western District of Texas, Austin Division opinion styled, Kobra Dadfar and Esmail Roostaie v.…
Insurance companies always want to litigate cases in Federal Court. The Judges and rules related to proceedings tend to skew in favor of insurance companies. Here is a 2020 opinion where the insured actually got a favorable ruling. The opinion is from the Southern District of Texas, Houston Division, and…
Insurance lawyers can tell a client that proper pleadings, especially in Federal Court, are essential to being able to have a day in Court. This is illustrated in a 2020, opinion from the Eastern District of Texas, Sherman Division. It is styled, Albion Investments, Inc. v. Travelers Casualty Insurance Company…
Here is a case that may apply to many of the rural areas of Texas. The case is a 2020, opinion from the Corpus Christi Court of Appeals and is styled, State Farm Mutual Insurance Company v. Rolando Lopez, Individually and Rolando Lopez D/B/A R&A Transport. This is an appeal…
Here is a claims denial opinion worth reading. It is a 2020 opinion from the Northern District of Texas, Dallas Division. It is styled, DFWS, LLC v. Atlantic Casualty Insurance Company. Atlantic insured DFWS. DFWS alleges it suffered damages as the result of a tornado and high winds. After making…
Here is an opinion from the Northern District of Texas, Dallas Division, that discusses the pleadings in a lawsuit where in the property owner claims to have suffered hail damage and the insurer denied the claim. The opinion is styled, Valtex Properties LLC v. Central Mutual Insurance Company. The insured,…
When an insurance claim gets denied and a lawsuit results, the resulting legal battle needs to be dealt with properly. This can be challenging. An illustration of this can be found in a 2020, opinion from the Eastern District, Sherman Division, in an opinion styled, Oscar Bermudez and SA Polo,…
Who can sue insurance companies is sometimes obvious to much people but just in case it is not obvious, here is what the laws tell us. Texas Insurance Code, Section 541.151 grants a cause of action to a person who sustains actual damages caused by another person engaging in any…
What are examples of misrepresentations made by insurance companies that they can be held liable for making? Different types of misrepresentation are prohibited by the Texas Insurance Code. Misrepresentations are also unlawful under the incorporated DTPA, Section 17.46(a). These misrepresentations also include non-disclosure. Section 541.051 broadly prohibits making any statement…
In an answer to the above question, one attorney said, “It’s hard to define but I know it when I see it.” That response is fine but what a regular insured person thinks is clearly “bad faith,” the Courts look at differently. The Texas Insurance Code, Section 541.060, sets forth…