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…
Allegations of fraud against an insurance company must be specific when a case is in Federal Court. This is illustrated in a recent case from the Western District of Texas, San Antonio Division. The case is styled, Maria Quintero v. Allstate Vehicle And Property Insurance Company. The claim against Allstate…
The standard for recovery of bad faith or extra-contractual damages is discussed in this 2019, Northern District of Texas Dallas Division opinion styled, Carolyn Kee v. Safeco Insurance Company of Indiana. Kee sued her homeowner insurer, Safeco, for improperly adjusting her claim for damages. Safeco’s adjuster adjusted the claim saying…
Bad Faith insurance claims often involve allegations of some sort of fraud by the insurance company and / or the adjuster handling the claim. The Southern District of Texas, McAllen Division, issued an opinion recently dealing with allegations of fraud against an insurance company. The opinion is styled, Cesarea Trevino…
When suing an insurance company for insurance fraud, especially in Federal Court, the insured needs to plead with specificity. This is illustrated in a 2019, opinion from the Southern District of Texas, Laredo Division. The opinion is styled, Salvador Aviles v. Allstate Fire and Casualty Insurance Company. Aviles had a…
Claiming an insurance company has committed fraud, as in all fraud claims, it must be stated who communicated the fraud, what was said, when it was said, where it was said, and how the statement was fraud. All of this is particularly true when the lawsuit is in Federal Court…
Here is a situation where the insured won at the trial level of the case but ended up losing on appeal. The case is from the Amarillo Court of Appeals and is styled, State Farm Lloyds v. Robert MacKeen and Rebecca MacKeen. The facts in the case are not particularly…
Demand letters to an insurance company can be used as evidence to make even a small case subject to federal jurisdiction. This is illustrated in a case from the Western District of Texas, San Antonio Division. It is styled, Veronica Horton v. Allstate Vehicle and Property Insurance Company, Pilot Catastrophe…