Life insurance cases. When is there a settlement? Here is a 2024 opinion from the Western District of Texas, San Antonio Division that is worth reviewing. The opinion is styled, Arch Insurance Company v. Rita Candelario. The opinion does not deal with life insurance specifically, rather it deals with an…
Articles Posted in Claims Denial
Insurance Claims And Cause Of Loss And Experts
Insurance claims usually don’t need an expert to testify but an attorney handling these types of claims needs to know when to hire an expert. This is illustrated in a 2024 opinion from the Fort Worth Court of Appeals. The opinion is styled State Farm Lloyds v. John Hilmi. Hilmi…
Claim Denial And Experts
A claim being denied doesn’t necessarily mean an expert has to be hired in the case. But when an expert is needed the correct legal process must be followed. This is illustrated in a 2024 opinion from the Southern District of Texas, Houston Division. The opinion is styled, Dora Doss…
Insurance Coverage And Willful Acts
Insurance usually covers accident that happen or acts of God, negligence, etc., things that are Unintentional. Policies will rarely cover willful or intentional conduct that causes harm. The above is illustrated in a 2024 opinion from the Eastern District of Texas, Sherman Division. The opinion is styled, Jacksonville, Realty, LLC…
Cooperation Requirement With Insurance Company
Cooperating with the your own insurance company when making a claim for policy benefits is almost always a requirement in the policy. An opinion discussing this was issued by the Tyler Court of Appeals in 2024. The opinion is styled, Kenneth R. Cade v. State Farm Lloyds. On April 18,…
Duty To Cooperate With Insurance Company
The duty to cooperate with the insurance company investigation of a claim is something a lot of people don’t realize. When it is your own insurance company, the insurance contract requires the insured to cooperate with the insurance company investigation of the claim. This issue was the point of contention…
Homeowner’s Claim And Damage Segregation
Here is a 2024 opinion from the Western District of Texas, Austin Division, that deals with segregating damages in a homeowners claim. The opinion is styled, David Espinoza v. State Farm Lloyds. Espinoza had a State Farm homeowners policy in force when a storm caused damage to his home. The…
Statute Of Limitations On First Party Insurance Claims
It is important to understand the time frame under which lawsuits must be filed. As part of that, reading the insurance policy is vital. A 2024 opinion from the Western District of Texas, Del Rio Division, discusses limitation periods written into insurance policies. The opinion is styled, Antonio Caballero v.…
Claims Denial For Failure To Cooperate
An insured under an insurance policy has a duty to cooperate with an insurance company investigation of a claim. This issue is discussed in the 2024 opinion, Henry & Lydia Ansah v. Nationwide Property and Casualty Insurance Company. The opinion is from the Southern District of Texas, Houston Division. The…
Claims Denial Due To Misrepresentation
A misrepresentation in an insurance application is grounds for denial of a claim but it is not necessarily a win for the insurance company. This issue is discussed in a recent opinion from the Texas 14th Court of Appeals. The opinion is styled, Jose Palma v. Allied Trust Insurance Co.…