I know, I know. Nobody reads the policy. But, not reading the policy and understanding it can be a killer. This is illustrated in a May 2022, opinion from the United States 5th Circuit Court of Appeals. The opinion is styled, Bradford Realty Services, Incorporated v. Hartford Fire Insurance Company.…
There are many reasons an insurance company use to deny a claim. One of those reasons is a requirement in almost all insurance policies that an insured provide timely notice to the insurance company of a claim. The primary reason the insurance company requires a quick, “timely” notice, is so…
Here is an interesting claim denial. The case is a 2022, from the Southern District of Texas, Houston Division. It is styled, Sergio and Maria Weitzman v. Allstate Vehicle and Property Insurance Company. The Weitzman’s bottle wine in Argentina and sell it, for money, to and through their Texas company,…
Being aware of when the statute of limitations runs on a claim is vital so that the limitations period does not expire. This is illustrated in the 2022, opinion from the Western District of Texas, San Antonio Division. The opinion is styled, Tobin Endowment v. Great American Assurance Co. Tobin…
Most insurance claims will not end up in a lawsuit. However, for those claims that do end up in a lawsuit it is important for the insured to understand their responsibilities when in the lawsuit. The failure of a party to the lawsuit to cooperate in the litigation process can…
An often asked question by insureds having a claim against their insurance company is, “Can I recover my attorney fees?” There is not a simple straight forward answer to this question. Many variables come into play. “Yes” is a simple answer but does not get into the variables. A 2022,…
There is lots of information available about actions to be taken before a lawsuit is filed. There is also a lot of information available about the potential wrongs of an insurance company, it’s agents and adjusters. What is rarely discussed is the work an insured has to do in a…
Bad Faith Insurance Lawyers understand the law in Texas, at least as of the date of this post, requires that an insurer show that any misrepresentation made in an application for insurance be shown to have been made intentionally for the insurance company to be able to rescind the policy…
Insurance lawyers try to evaluate the value of a claim when talking with a prospective new client. Guess what? Federal Judges do the same with cases removed to their Court from the State and County Courts. This is seen in a 2021 opinion from the Southern District of Texas, McAllen…
Insurance lawyers need to understand every way possible for maintaining their case in State Court whenever possible. It is not possible too often, so when it is possible it needs to be done. This 2021, opinion from the Northern District of Texas, Dallas Division, shows how one case was allowed…