Claim denial attorneys know that a prerequisite to filing a lawsuit against an insurance company for a first party claim is to give a pre-suit notice letter. Failure to do so will result in a loss of potential causes of action. This is illustrated in a 2020, opinion from the…
Here is a case from the Northern District of Texas, Dallas Division, that discusses the voluntary / involuntary rule related to joining adjuster in a lawsuit. This 2020, opinion is styled, Jason Bowers and Casi Bowers v. Chubb Lloyd’s Insurance Company of Texas. The Bowers who alleged to have suffered…
When a claim gets denied and the insured has to file a lawsuit, a decision has to be made as to which Court the lawsuit should be filed. For the insured, that decision is usually to file suit in the State or County Court. However, the insurance company is virtually…
The issue of which county is a proper county to file a lawsuit against an insurance company is not normally an issue. However, a 2020, Beaumont Court of Appeals had this issue before them in a mandamus action styled, In Re Mountain Valley Indemnity Company, Shane Waddell, Lonnie Tidwell, National…
For insurance lawyers this post points out an area where frequent mistakes are made. This has to do with the pleading standards in Federal Court and necessity of pleading proper facts to support a claim in Federal Court. A 2020, opinion from the Northern District of Texas, Fort Worth Division,…
Insurance lawyers who have cases that could potentially end up in Federal Court need to know and understand Federal pleading standards. This is illustrated in a 2020, opinion from the Eastern District, Sherman Division. The case is styled, Angelina’s Restaurant v. Allied Insurance Company of America and Mary Keefer. Angelina’s…
Insurance lawyers will often get a call from a potential new client and this potential new client describes a pretty good case against the insurance company. But as the discussion progresses the attorney learns the event the potential new client is describing or relating to the attorney happened many years…
So, who has the burden of proof in an insurance case, the insurance company or the insured. Like most issues in the law, it depends. According to the 1994, San Antonio Court of Appeals opinion styled, Telepak v. United Service Automobile Association, the insured has the initial burden to prove…
Here is another one of those cases where an insured sues the insurance company and the adjuster in State Court for various violations of the Texas Insurance Code. The insurance company a adjuster then remove the case to Federal Court alleging that the adjuster has not been properly sued. This…
The law is as clear as it can be in the State of Texas. An insured has a duty to cooperate with his insurance company regarding the investigation of a claim. The next question is – Are there exceptions to this duty? Here is my response. The insurance contract may…