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…
Insurance cases in Federal Court require the pleadings to be substantive. This is seen in a 2019, decision from the Southern District of Texas, Corpus Christi Division. The decision is styled, Alvira Blue v. Allstate Vehicle and Property Insurance Company. Allstate filed a motion with the Court requesting that Blue’s…
Insurance lawyers know that if a jury is convinced of the wrong an insurance company has committed that there is a chance to recover a trebling of the actual damages in the case. So how does that work? This is discussed in a 2019, opinion from the Texas First Court…
What is “bad faith” in the context of insurance? There is a lot of material on this subject. Here is a little to know about. In the 1997, Texas Supreme Court opinion styled, Universe Life Ins. Co. v. Giles, adopted the standard that an insurer breaches its duty of good…