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…
Let’s list some of the conduct that is actionable against an insurance company. The Texas Insurance Code, Chapter 541, defines and prohibits unfair and deceptive insurance practices. The Sections include Sections 541.001 to 541.061, 541.151 to 541.162, and 541.453. Prior to April 1, 2005, the statute appeared as Article 21.21,…
Lawyers handling roofing claims and damage to property need to know and understand 2020 case from the Eastern District of Texas, Beaumont Division. The case is styled, Starco Impex, Inc. v. Landmark American Insurance Company. The legal backdrop to the case and the facts need to be read in the…
Bad Faith Claims and proving them have their own set of rules. These rules were discussed in a 2020 opinion from the Eastern District of Texas, Beaumont Division. The opinion is styled, Mt. Javed Ventures, Ltd. v. Mt. Hawley Insurance Company. This is a summary judgment opinion. The legal history…