Weatherford insurance lawyers who handle insurance related matters need to understand that an anticipatory breach of the insurance contract has remedies under the law. This is best illustrated in disability policies where the insurance company is obligated to make monthly payments to the insured. According to the 1937, Texas Supreme…
Here’s something a lot of insurance attorneys may not realize. An oral contract to insure is valid and enforceable. This is confirmed in the 1949, Texas Supreme Court opinion styled, Pacific Fire Insurance Company v. Donald. The oral agreement “is presumed to be made in contemplation of a policy containing…
Insurance lawyers want to pursue the best theories of recovery when a client has a claim wrongfully denied. Some people just want to file a complaint with the Texas Department of Insurance. But, there are better ways to improve the situation. Recovery based on theories of misrepresentation were discussed in…
The San Antonio Court of Appeals issued an opinion in USAA Texas Lloyd’s Company v. John Doe and Jane Doe, and as next friends of XXX, a Minor. The case is an appeal from a motion for summary judgment in a declaratory judgment action filed by USAA seeking a declaration…
Here is a 2003 case from the Amarillo Court of Appeals that deals with a situation where the spouse is innocent but an insured on the policy is committing fraud. The case is styled, McEwin v. Allstate Texas Lloyds. Here are the facts. The husband and wife were both named…
As all insurance attorneys should know, intent to deceive is a requirement that has to be proved for an insurance company to deny a claim based on a misrepresentation. Even when faced with irrefutable evidence of a misrepresentation, intent to deceive still has to be proved. Due to the inherent…
How long does an insurance company have to discover and assert the defense of misrepresentation? This is discussed in a 2008, Amarillo Court of Appeals opinion styled, Myers v. Mega Life and Health Insurance Company. Myers filed suit based upon an insurance contract issued by Mega Life. In addition to…
An article ran in February 2017, that explains why people need experienced insurance lawyers to help with their insurance claims. The article is titled, State Can’t Help With Most Unpaid Insurance Claims. The Texas Department of Insurance claims it can help resolve complaints against insurance companies and boasts of helping…
To sue an insurance company, a person must have “standing.” Texas is not a direct action state. In other words, when Fred and Ted collide in their cars, the resulting lawsuit is styled Fred vs Ted, and their respective liability insurers are not named parties. Fred can’t sue Ted’s insurer;…
Rock Springs, Texas insurance lawyers would want to know about this Houston Division, Southern District case. The opinion was issued in January 2017, and is styled, JYC Enterprise Inc. v. Allied Property and Casualty Insurance, et al. In this case JYC sued Allied, its adjuster (Heller), and Bay Area Fire…