Attorneys handling insurance claim denials and their clients, need to understand some basics about what needs to be done when a claim is denied. Before reaching the court house steps, in most cases, the parties should consider possible resolutions to avoid trial. The client may not always have the best…
Articles Posted in Claims Denial
Dismissal Can Be Hard In Federal Court – Got To Have Experienced Insurance Lawyer
Having an experienced insurance law attorney is vital. Otherwise you can end up with a situation that occurred in the Eastern District of Texas, Sherman Division. The case is styled, Mike and Jacqueline Sanchez v. Safeco Insurance of Indiana. The Sanchez’s filed a Motion to Dismiss Without Prejudice. In other…
Duty To Cooperate
Here is a Dallas, Texas opinion that insurance lawyers need to read. It is from the Dallas Court of Appeals and is styled, American National County Mutual Insurance Company v. Jonathan A. Medina. On October 30, 2009, Angel Freeman ran a stop sign and crashed into Medina who was riding…
It’s Not Always Easy To Dismiss A Case
Most of the time, Courts are happy to have a case dismissed from their docket. An Eastern District of Texas, Sherman Division, opinion is an exception to that general situation. The opinion is styled, Mike And Jacqueline Sanchez v. Safeco Insurance Company of Indiana. The Sanchez’s filed a Motion to…
Paperwork Has To Be Right When Suing An Insurance Company
The papers filed in Court have to be proper when suing an insurance company. A Southern District of Texas, McAllen Division opinion illustrates this rule. The opinion is styled, Alfredo Murillo Jr., et al v. Allstate Vehicle and Property Insurance Company. Alfredo suffered damage after a hail and or windstorm…
Statute Of Limitations In Insurance Cases
The statute of limitations is a legal issue that must be taken into account in every case. This case from the Southern District of Texas, Laredo Division,does a good job of discussing the statute of limitations in insurance cases. The case is styled, Gilberto Rodriguez v. State Farm Lloyds. This…
Potential Recovery For Bad Faith Claims
Whether you are talking about life insurance claims, homeowners claims, disability claims, auto claims, or other types of first party claims, policy benefits are the basic recovery allowed for an insurance company breach of the contractual obligations. An insurer’s refusal to pay the insured’s claim causes damages in at least…
Liability On Insurance Policy
Seeing if there is liability on the insurance policy is one of the first things an insurance attorney needs to do when meeting with a prospective client. In 1996, the Texas Supreme Court stated in Liberty Nat’l Fire Ins. Co. v. Akin, that insurance coverage claims and bad faith claims…
Oral Insurance Contract
Whether you are an insurance lawyer in Grand Prairie, or Dallas, or Fort Worth, or anywhere else in Texas, Texas insurance law is the same. And one good part of that law is that there are situations where an oral insurance contract is enforceable. This is seen in the 1949,…
Recovery Of Attorney Fees In Insurance Cases – Winning
Insurance lawyers want to help their clients as much as possible in any given case. The U.S. District Court, Western District of Texas, San Antonio Division, issued an opinion regarding recovery of attorney fees in an insurance case. The opinion is a 2018, opinion styled, Jesus and Margaret Agredano v.…