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,…
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.…
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.…
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 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 Failure to cooperate can result in the policy being rescinded and the claim denied.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…
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…
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…
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…
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…
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…