Any Insurance Law Attorney knows the heart of the law regarding bad faith insurance is found in the Texas Insurance Code. Other sources include the Texas Department of Insurance and the Texas Administrative Code, among other sources. The Texas Insurance Code, Chapter 541, defines and prohibits unfair and deceptive insurance…
Insurance lawyers know there are time limits upon which lawsuits for bad faith insurance claims must be filed. These limitations are illustrated in the 2018, U.S. Fifth circuit Court of Appeals opinion styled, Susan Sideman; Mark Sideman v. Farmers Group, Incorporated. The Sidemans sued Farmers for breach of the Texas…
Bad Faith insurance claims require specific pleading in Federal Court. This is illustrated in the Northern District of Texas, Fort Worth Division, opinion styled, Charlotte R. Carroll v. State Farm Mutual Automobile Insurance Company. Carroll alleges: The plaintiff filed a claim with the defendant under her insurance policy after a…
One very important aspect of suing an insurance company for bad faith in their claims handling process is that first, with extremely rare exception, you have to prove a breach of the insurance contract. Insurance policies are contracts, and as such are subject to rules applicable to contracts generally. A…
Here is something almost any insurance law attorney can tell you: One of the most common bases for an insurance dispute is the complaint that someone misrepresented something. After a claim arises, the insured may feel that the coverage accepted by the insurer is less than the coverage promised at…
The general rule in first party insurance cases is that in order to recover for bad faith insurance causes of action and insured must first prove a breach of the insurance contract. There is an exception to this rule. The exception is discussed in this July, 2018, opinion from the…
The United States District Court, Eastern District, Marshall Division, issued an opinion on June 27, 2018, that discusses the law regarding the above title. The opinion is styled, Medallion Transport & Logistics, LLC v. AIG Claims, Inc., Granite State Insurance Co., and Jay Carman. The facts of the case will…
Bad faith is hard to prove in Texas. The standards for getting a bad faith judgment are high standards. But it can be done. It just depends on the circumstances of the case. The Telegraph, a Macon Georgia, newspaper published the results of a bad faith case involving Geico insurance. …
This may come as a surprise to many but here goes, — There is no such thing as “negligent claims handling” recognized by Texas courts. This is re-stated by the U.S. District Court, Western District, Austin Division, in the case styled, Thomas G. Kezar and Sylvia Kezar v. State Farm…
Texas insurance lawyers are always asking the above question when someone comes to see them about an insurance company doing them wrong. To start with, as the contracting party, the insurance company can be liable based on the contract that exists between them and their customer. There are also several…