Here is a situation not discussed before and one that rarely happens. However, it does discuss law that may be relevant to insurance lawyers in other cases. The case is from the Southern District of Texas, Houston Division. It is styled, Randy Randel and Debra Randel v. Travelers Lloyds of…
Here is a case involving a plumbing leak. What is a little unusual about this case is the insurance company is attempting to sue Texas Insurance Code, Section 542A.006(c), to have this case heard in Federal Court rather than the State Court in which the case was filed. The style…
For insurance lawyers, a favorable way to increase the odds of a win or favorable settlement is to be able to litigate a case in State Court rather than Federal Court. Here is a win for keeping a case in State Court. This is a 2019, opinion from the Eastern…
Here is a strange case. The insurance company is claiming their insured has not adequately proven he has an insurance policy with the insurer. This opinion is from the Northern District of Texas, Fort Worth Division. It is styled, Michael Harris v. Meridian Security Insurance Company et al. In this…
Insurance lawyers can generally get better out-comes for their clients when a case is litigated in a State or County Court versus in Federal Court. There are ways of staying out of Federal Court but the way tried in this September 2019, opinion from the Southern District of Texas, Houston…
Lawyers who handle lawsuits against insurance companies know that it is not uncommon for an insurance company to file a counter-suit for their court costs and attorney fees. So, the question is, if an loses his lawsuit against the insurance company, will the insurance company win in its counter-claim against…
Sending a proper notice letter is the first step in a legal process against an insurance company when an insured believes the insurer has improperly handled a claim. This is even more relevant under the new section of the Insurance Code, Section 542A.003. This is also required in Section 541.154. …
Here is a case where the statute of limitations defense by the insurer did not work. The case is from the Southern District of Texas, Houston Division. It is styled, Arcelia Flores, et al v. Allstate Texas Lloyds. Allstate filed a Motion for Summary Judgement based on the statute of…
The answer to the titled questions is partially addressed in a 2019 opinion from the Southern District of Texas, Corpus Christi. The opinion is styled, MJ & JJ, LLC; dba Peacock Manor Apartments v. Clear Blue Specialty Insurance Company, et al. After sustaining hurricane damage, Peacock sued Clear Blue, Madsen,…
Insurance lawyers and anybody who has an insurance policy needs to know what the limitations period is in the insurance policy. This is illustrated in the 2019, 5th Circuit Court of Appeals opinion styled, Lillian Smith v. Travelers Casualty Insurance Company of America. Lillian sued Travelers for contractual and statutory…