Claims involving property losses usually do not require expert testimony. But, if they do require expert testimony, it is important for an insurance lawyer to know how present the expert. This is illustrated in the 2019, opinion from the Southern District of Texas, Corpus Christi Division, styled, Mt Hawley Insurance…
Have we ever mentioned that the insurance companies prefer to fight cases in federal court rather than state court? And that insurance lawyers representing people who have a claim against their insurance company would prefer to litigate the case in state court? Here’s a case dealing with the $75,000 pleading…
The Western District of Texas, San Antonio Division, issued an opinion on July 1, 2019, discussing the handling of under-insured motorist (UIM) claims and how they are handled by the courts. The case is styled, Laura Lee Green v. Allstate Fire And Casualty Insurance Company. Green sued Allstate for UIM…
Lawyers handling insurance claims run into situations where damages that have occurred to property have to be segregated. This happens most often in the context of hail and wind damage to property. The U.S. District Court Northern District of Texas, Dallas Division, issued an opinion that does a good job…
Lawyers who handle National Flood Insurance Program claims, otherwise known as the National Flood Insurance Act of 1968 (NFIA) need to understand the difference between NFIA claims and other insurance claims. One of the big differences is the shortened statute of limitations that applies to NFIA claims. This is illustrated…
When insurance lawyers know of a defendant who could be named in a lawsuit, they need to sue that defendant immediately. Waiting until after a non-diverse defendant has removed the case to Federal Court may be waiting too long. This is illustrated in the Southern District of Texas, Houston Division,…
In situations where the insurance company is denying a claim based on their allegation that the claim involves arson, Insurance Lawyers would want to be aware of this decision from the Tyler Court of Appeals. The opinion is styled In Re: United Fire Lloyds, Relator. This is a writ of…
For lawyers who handle claims against insurance companies, here is a case regarding a claim against a homeowners policy and a water leak. The case is from the Western District of Texas, San Antonio Division. The case is styled, William Burman v. State Farm Lloyds. It is a partial summary…
Most insurance lawyers understand the distinction between “personal jurisdiction” and “subject matter jurisdiction”. A recent case from the Northern District of Texas, Dallas Division, explained the difference. The case is styled, Yakimas Payne, Carmenisha Payne, and Mar’Keyona Ford v. Government Employees Insurance Company. The Plaintiffs sued GEICO in State Court…
Insurance attorney need to stay current on the ways the Judges interpret the law and how that law is applied to the facts in a case. When dealing with insurance contracts and the “covered and non-covered cause of loss” issue, this 2019, Northern District of Texas, Dallas Division opinion is…