Here is a case from the Eastern District of Texas wherein the insureds did not show that the damages they received were the result of a covered damage. The case is styled, Tim Whatley and Sheila Whatley v. Great Lakes Insurance, SE and McClelland & Hine, Inc. In this case,…
Texas homeowners have just experienced the worst loss state wide that has ever been experienced. Homeowners will be reeling from the damage and hopefully the insurance companies treat all their customers fairly. Unfortunately, there will be many customers who end up having their claim denied for one reason or another.…
Insurance lawyers who handle hail damage claims will need to read this opinion from the Western District of Texas, San Antonio Division. It is styled, Mazhar Footsteps, LLC v. Amguard Insurance Company and Michael Clayton Hepburn. This lawsuit arises from damages incurred by a hailstorm. Based on the way the…
In order to successfully pursue lawsuits against insurance companies, an insurance attorney must understand how the insurance company looks at their case. A big part of a lawsuit is deposition witnesses who are controlled by the insurance company. These people are usually the corporate representative, the adjuster, and experts. Hear…
The Employee Retirement Income Security Act (ERISA) provides various kinds of insurance to employees. The important thing for insurance lawyers to know about ERISA is that it is governed by Federal law and it preempts State law. This is illustrated in a 2020, opinion from the Western District of Texas,…
Virtually all insurance lawyers would like to see the “claims manual” each insurance company has made for its use. Being able to access that claims manual is discussed in a 2020 opinion from the Northern District of Texas, Dallas Division opinion styled, Jose Chavez v. Standard Insurance Company. Chavez had…
Claims denial law firms are usually well versed on the ways to handle cases that end up in Federal Court when that was not the original intention. This is illustrated in a 2020 opinion from the Western District of Texas, Austin Division. The opinion is styled, Jose Rodriguez v. State…
Attorneys who handle insurance claims denial cases learn real fast about the requirement to segregate damages, especially with roofing cases. This is illustrated in a 2020, Eleventh Court of Appeals opinion styled, Prime Time Family Entertainment Center, Inc. v. Axis Insurance Company and Andrew Jencks. This case presents the question…
Bad Faith claims will sometimes require a separate trial. This is illustrated in a 2020, Tyler Court of Appeals opinion styled, In Re: Progressive Casualty Insurance Company. This case is a mandamus action resulting from the trial court refusing to sever and abate the extra-contractual claims and compelling discovery. The…
The primary purpose of liability insurance is to cover harms caused by negligence. Thus, an intentional act is not covered. This is discussed in a 2020, opinion from the Eleventh Court of Appeals. The opinion is styled, Joe Torres v State Farm County Mutual Insurance Company of Texas. This is…