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…
Bad faith claims are a common source of litigation. A 2020, opinion from the Southern District of Texas, Houston Division, discusses bad faith claims in the situations where an appraisal clause in the insurance contract allows for appraisal and that clause is invoked. The case is styled, Braulio Reyna v.…
The concurrent-cause doctrine is a source of much litigation as it relates to storm damage to roofs and structures. This was the issue in a 2020, Western District of Texas, San Antonia Division, opinion styled, Ironwood Building II, LTD. and Principle Auto Management, LTD. v. Axis Surplus Insurance Company. This…
Lawyers who handle bad faith insurance cases will usually tell you that it is not necessarily easy to explain but as it relates to “bad faith” you know it when you see it.This is discussed a little bit in a 2020 opinion from the Western District of Texas, San Antonio…
Well, Insurance Lawyers, here it is happening again. Knowing the little ways to keep a lower dollar case out of Federal Court are just too simple for it to happen again and again. This 2020, opinion is also from the Southern District, Houston Division, and is styled, Michael Dyll and…
Insurance lawyers should know ways that work to stay out of Federal Court. Not knowing how to properly plead the case will result in the case being in Federal Court. This is illustrated in a January 2020 opinion from the Southern District of Texas, Houston Division, styled, Mario Rodriguez v.…
Lawyers who handle insurance claims have to know the pleading requirements for alleging fraud when a lawsuit ends of in Federal Court. Otherwise, the fraud allegations can be thrown out of Court. This is illustrated in a February 2020 opinion from the Southern District of Texas, Houston Division. The opinion…
Uninsured motorist protection (UIM) historically has been its on little niche of the law that was not purely tort law or purely contract law. Creative attorneys have recently been having success seeking UIM claims by way of a Declaratory Judgment Action. The most recent case is from the Corpus Christi…