As has been stated many times, insurance companies prefer to litigate lawsuits in Federal Court rather than State Court. Conversely, it is usually better for someone suing an insurance company to litigate the case in State Court rather than Federal Court. Here is a 2019, opinion from the Southern District…
Insurance lawyers know and understand that before suing an insurance company for denying a claim, the insurance company must be given the statutory presuit notice of the intent to file a lawsuit. This was recently illustrated in a December 23, 2019, opinion from the Northern District of Texas, Dallas Division. …
Insurance lawyers and lawyers who practice law in Federal Court know the requirements for a case to be in Federal Court. Most of the time, lawyers representing clients who are suing an insurance company try to stay out of Federal Court. Pursuant to 28 U.S.C., Section 1332(a), for an insurance…
Insurance property claims are a very big part of claims made against insurance companies. As part of those property claims that get denied, it is important to properly prove the property damages by attaching a dollar value to them. One way of proving the dollar value of these property damages…
Here is another case wherein there was a failure to properly stipulate to the amount of damages involved in the case and thus, ended up having to litigate his case in Federal Court, rather than the State Court in which the lawsuit was filed. The case is from the Southern…
As stated before, insurance companies prefer to litigate cases in federal court, whereas, lawyers suing insurance companies prefer to litigate in state court. The laws are such that the insurance companies get their way most of the time. However, one of the ways to keep a case in state court…
As is acknowledged in the following case, the federal courts are mixed as to their rulings on the timing of when an insurance company adjuster is sued and how that affects diversity cases. This case is from the Western District of Texas, San Antonio Division. It is styled, Bexar Diversified…
When insurance lawyers file a lawsuit that ends up in federal court, they have to make sure that the pleadings in the complaint will satisfy federal court pleading guidelines or they will end up being kicked out of court. This is illustrated in a case from the Southern District of…
Insurance disputes involving smaller claims can properly be handled in a State or County courts if the insurance lawyer knows how to keep the case from being removed to Federal court. This is illustrated in the 2019, opinion styled, Michael Ihekoronye v. United Property & Casualty Insurance Company. Plaintiff, Michael…
Insurance lawyers may not be perfect in all their actions but if a person wishes to sue an insurance company, get an insurance lawyer, don’t do it yourself. This is illustrated in a recent Fifth Circuit opinion styled, Thomas Petty v. Great West Casualty Company. This is an appeal resulting…