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…
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 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…
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…
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…
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…
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…
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…
It is well known among insurance lawyers that an insurance company always wants to have its lawsuit contested in Federal Court. The U.S. Southern District, Corpus Christi Division, issued an opinion in 2018, that deals with the subject of which court a case should be litigated. The style is, La…
National Law Review published an article dated January 17,2019, titled “Some Thoughts On Proving An Insurance Contract In Court.” The article tell us insurance companies often have their backs against the wall in any dispute. Typically, in a coverage or premium action brought by the insurance company, it bears the…