Here is a 2018, case with circumstances this insurance lawyer has not seen before. The case is out of the San Antonio Court of Appeals and is styled, Virginia Bretado v. Nationwide Mutual Insurance Company. This case is an appeal from a motion for summary judgment granted in favor of…
Suing Adjusters in federal court is often times difficult. The reason is that an adjuster is usually sued in state court in an effort to defeat diversity jurisdiction thus, keeping the case in state court. When an insurance company believes the adjuster has been sued solely to defeat diversity jurisdiction,…
Insurance company unfair settlement practices is dealt with in a specific section of the Texas Insurance Code. Look at Texas Insurance Code, Section 541.060. The statute prohibits engaging in any of the following settlement practices with respect to a claim by an insured or beneficiary: (1) misrepresenting to a claimant…
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…