Insurance lawyers want to help their clients as much as possible in any given case. The U.S. Western District Texas, San Antonio Division, issued an opinion regarding recovery of attorney fees in an insurance case. The opinion is a 2018, opinion styled, Jesus Agredano; Margaret Agredano v. State Farm Lloyd’s.…
Articles Posted in Claims Denial
Getting Away With A Mis-Representation?
Insurance lawyers will testify that one of the biggest reasons they see for denial of coverage is the insurance company allegation that there was one or more misrepresentations in the policy application. This issue is discussed in the 1969, San Antonio Court of Appeals opinion styled, The Prudential Insurance Company…
Cooperation With Insurance Company
Cooperation with the insurance company investigation of a claim is required under the insurance policy. Failure to cooperate can result in the policy being rescinded and the claim denied. The 1994, Amarillo Court of Appeals opinion, Andy Costely and Cathy Costley v. State Farm Fire And Casualty Company, illustrates the…
Rescission Of An Insurance Policy
Most insurance lawyers know that one way an insurance company tries to get away with refusing to pay on an insurance policy is to rescind the policy. According to a 1931, Amarillo Court of Appeals opinion styled, Forrester v. Southland Life Ins. Co., the general principle is, prior to a…
Insurance Lawyers Have To Sue The Adjuster Correctly
A 2017, opinion styled, Carrillo Funeral Directors, Inc. v. Ohio Security Insurance Company, et al, is another example of incorrect pleadings against an adjuster. The case is from the Northern District, Dallas Division. Carrillo suffered hail damage and made a claim against its insurer Ohio. There was an under payment…
Assignment Of Liability Claims
What if it can be proved that the insurance company was wrong in denying coverage of a claim when a third party is suing the insured? A June 2017, Texas Supreme Court opinion addresses this issue in the case styled, Great American Insurance Co. v. Hamel. The issue in this…
Negligent Claims Handling
Here is a summary judgment case from the Eastern District, Sherman Division, where one of the causes of action is, negligent claims handling. The case is styled, Yoram Avneri v. Hartford Fire Insurance Company. Here, the Court had previously denied Hartford’s motion for summary judgement but is now reconsidering the…
Insurance Denial – Potential Recovery
Being able to discuss the potential recovery when an insurance company wrongfully denies a claim is a topic any Dallas or Fort Worth insurance lawyer needs to be able to discuss with a client. Policy benefits are the basic recovery allowed for an insurer’s breach of its contractual obligations. An…
Insurance Protection When Being Sued
Relevant to Texas Insurance Law is a case reported on by the Cook County Record, an Illinois publication. A Judge’s ruling in a traffic crash personal injury case could cost the insurance company, Liberty Mutual, $4.5 million, even though the policy at the heart of the case is supposedly capped…
Insurance – Breach Of Contract – Other Recovery
Information for Palo Pinto County Insurance Lawyers – The Texas Supreme Court, in 1996, issued an opinion in a case styled, Liberty National Fire Insurance Co. v. Akin, that said: “Insurance coverage claims and bad faith claims are by their nature independent but, in most circumstances, an insured may not…