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…
Insurance lawsuits, as all lawsuits, require the parties involved to cooperate with each other in the discovery process and to abide by the Rules of Procedure. The results of failure to do so are illustrated in the 2018, Dallas Court of Appeals opinion styled, Farbod Ayati-Ghaffari v. Farmers Insurance Exchange.…
A new law, Texas Insurance Code, Section 542A.006(a) matters in this case. The case is from the Western District of Texas, Austin Division. It is styled, Yan Qing Jiang v. The Travelers Home and Marine Insurance Company and Dana Ellen Pustka. Jiang filed this action in state district court alleging…
A Fort Worth Federal Judge dismissed a lawsuit on October 11, 2018, wherein the claimant was suing his insurance company for it’s denial of a hail and windstorm damage claim. The case is out of the Northern District of Texas, Fort Worth Division. The style of the case is, University…
There are two important phases at the end of a trial – the jury charge and the closing statement. Most courts will not approve a jury charge until after the close of all evidence. Therefore, the charge conference will often take place once a jury has been dismissed for the…
First party insurance cases are unique. Filing complaints with the Texas Department of Insurance is usually a waste of time unless the complaint has something to do with a criminal act on the part of the insurance company. The Texas Insurance Code, Chapters 541 and 542, among others are helpful.…
Experienced Insurance Law Attorneys will try their fair share of cases. Maybe they will average 1 to as many as three a year. Knowing the Chapter 541 and Chapter 542 of the Texas Insurance Code are vital to going after insurance companies for wrongs they have committed. Resourcing the Texas…
An insurance law attorney can know Texas Insurance Code, Chapter 541 and 542 and any other statute that apply but when it comes to trying an insurance case, they need to know how to pick a jury. Most lawyers agree that a case is won or lost during the jury…
Exhibits for a trial in a first-party insurance case need to be well thought out and planned. Almost all courts require the attorneys to attend a pre-trial conference for the purpose of admitting or making rulings on proposed exhibits. Most exhibits are agreed or ruled upon by the Judge at…