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;…
Articles Posted in Claims Denial
What Is Part Of The Insurance Claim And What Is Not?
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…
Claim Denied Due To Misrepresentation
The reason someone is going to visit with an insurance lawyer is because a claim the person has made is being denied by their insurance company. One of the most common reasons for denial of insurance policy benefits in life insurance situations is that there has been a misrepresentation in…
Federal Court Pleadings And Remand
Parker County insurance attorneys know that it is best for their clients to try and keep their case in State or County Court. The insurance lawyers know it is best to get their case in Federal Court. The U.S. McAllen Division had a case where the argument on this issue…
Insurance Company – Deny Deny Deny
Horror stories abound in the insurance claims arena, but what has happened to one Texas resident is at the top. The Houston Press reported on a story titled, Eight Years After Ike, Insurance Firm Still Won’t Pay Homeowner. It has been eight years since Hurricane Ike ripped through the Gulf…
Filling Out Policy Application
Springtown insurance lawyers know about the importance of an insurance policy being correctly filled out. This was illustrated in a 2016 opinion out of the Southern District, Houston Division, styled, Perfit Vision, et al v. Mount Vernon Fire Insurance Company. John Luong owed a portion of Eyewear Express and in…
Cooperating With Insurance Company Investigation
Insurance lawyers know to tell their clients to cooperate with their insurance company investigation of a claim. Failure to cooperate can void the coverage. This issue was litigated in a Southern District, Houston Division case styled, Rosie’s Chicken & Waffles Restaurant, et al v. Acceptance Indemnity Company. In a jury…
Insurance Company Denying Claim – What Next
When an insurance company denies a claim they have certain responsibilities under the Texas Insurance Code. Insurance lawyers know to immediately check and see if the insurance company has properly performed their responsibility. Texas Insurance Code, Section 542.056(c) states that if the insurer rejects the claim, the notice required under…
Can You Trust Insurance Company Claims Reports?
Insurance attorneys in the Dallas / Fort Worth area know to be suspicious of reports from insurance companies but even a story that recently ran in the New York Times was surprising. The story is titled, Long Island Company Charged In Insurance Scheme After Hurricane Sandy. A Long Island engineering…
Allegations In A Lawsuit
Weatherford insurance lawyers need to understand how to properly make allegations when filing a lawsuit. The Fort Worth Division, Northern District of Texas issued an opinion wherein it is pointed out allegations were not properly made. The opinion is styled, Mark Buettner, et al., v. USA Gymnastics, et al. Bailey…