Insurance attorneys get another favorable ruling in a case. The case is from the Western District of Texas, Austin Division. It is styled, River of Life Assembly of God v. Church Mutual Insurance Company and Jim Turner Harris. River of Life suffered storm related damage and made a claim against…
Articles Posted in Claims Denial
Experts And Insurance Claims
Insurance lawyers need to read this recent opinion from the Southern District of Texas, McAllen Division. It is styled, Federico Flores Cazares, et al v. Allstate Vehicle And Property Insurance Company. This case / claim arises out of a claim for property damage made by plaintiffs against Allstate. Allstate sent…
Liability Insurance Dispute
The Penn Record published an article on March 18, 2019, discussing changes in insurance law in Texas. The article is titled “Texas Lawmakers Say The ALI’s Insurance Law Project Not Worthy Of Recognition By The Courts“. Legislation has recently been filed by Texas legislators to discourage Texas courts from relying…
Insurance Adjuster – Residency
When a claim is denied and the insured has to file a lawsuit against the insurance company, most insurance lawyers prefer to litigate cases in the State or County courts while insurance companies prefer to litigate the cases in Federal Court. When the insurance company is sued in State Court,…
Insurance – Amount In Controversy
Insurance companies prefer to litigate cases in Federal Court. Insurance lawyers representing insureds prefer to litigate their cases in State Court. In the appropriate situation, here is a way to stay in State Court. This is from the Southern District of Texas, Houston Division, and the case is styled, WEN…
Federal Court Jurisdictional Amount
The Southern District of Texas, Houston Division issued an opinion in an unusual case in February 2019. The case is styled, Patricio Delgado v. Allstate Texas Lloyds. The case had been removed to federal court based on diversity jurisdiction. Four parties sued Allstate on four properties in four states. Allstate…
Suing In Federal Court
Most insurance attorneys try to stay out of federal court. Here, a pro se plaintiff filed his case in federal court. The case is from the Eastern District of Texas, Sherman Division. It is styled, Marlon Green v. Covenant Transportation Group, Inc., et al. The case was dismissed because Green…
Removal And 542A.006
Here is a case to watch closely. The case is from the Eastern District of Texas, Sherman Division, and is styled, Charlotte Stephens v. Safeco Insurance Company of Indiana and Damon Edward Baker. Stephens sued Safeco and Safeco’s adjuster, Baker, after a hail storm claim which resulted in a lawsuit…
Amending A Complaint To Join Non-Diverse Defendants
Insurance attorneys will find this Northern District, Dallas Division opinion helpful for seeing how the courts analyze situations where a complaint is trying to be amended in Federal court to add non-diverse defendants. The case is styled, Charity Ogunro v. Allstate Vehicle And Property Insurance Company. Ogunro filed this home…
Tough Pleading Standards In Insurance Cases
As has been said many times and will be said many more times, the insurance companies prefer to have their cases in Federal Court. The rules of procedure, in the opinion or most lawyers, are more favorable to insurance companies. The pleading standards are illustrated yet again in a Western…