Insurance policies are contracts. A violation of an insurance policy is a usually going to be a breach of the contract. A lot of insurance law, simply put, is contract law. So what about the relationship of breach of contract to other theories of liability? The 1996, Texas Supreme Court…
Here is a complicated case regarding policy cancellation. The case is from the Eastern District of Texas, Sherman Division, and is styled, Scottsdale Insurance Company v. All Citizens Transportation, LLC, et al v. Burns & Wilcox of Texas, Inc. et al. The procedural history is complicated and the opinion needs…
In the majority of cases it is best for a cases wherein an individual or small company litigates the case in State Court rather than Federal Court. As a result, knowing how to keep a case in Federal Court is important. Here is a 2020 opinion from the Eastern District…
Prior to filing a lawsuit, if the lawsuit is filed making claims for violations of the Texas Deceptive Trade Practices Act, or the Texas Insurance Code, Chapters 541 or 542A, it is required that at least a 61 day pre-suit notice be given if the claimant wishes to recover all…
The purpose of exemplary damages is to punish someone for wrongful conduct. So, should an insurance company be required to pay for exemplary damages when the policy does not provide coverage for exemplary damages? This issue was addressed in a 2020, Western District of Texas, San Antonio Division, opinion styled,…
Here is another one of those removal cases wherein the situation is a situation that will not occur very often. This case is from the Northern District of Texas, Dallas Division, and is styled, Jeff Conkey and Shannon Mitchell v. Monica Corker, IAT Insurance Group Specialty, and Acceptance Indemnity Insurance…
Insurance lawyers seem to have a lot of confusion regarding insurance contracts with appraisal provisions contained within them and how to interpret and handle them. This issue was addressed in a January 2020 opinion from a Southern District of Texas, Houston Division. The opinion is styled, William A. Linnus and…
Failure to follow the rules related to Insurance Law can have bad consequences. This is seen in a September 2019, opinion from the Southern District of Texas, Corpus Christi Division. The opinion is styled, Libardo Taboada v. State Farm Lloyds. This case was dismissed by the Court for Libardo’s failure…
As has been stated many times, insurance companies prefer to litigate lawsuits in Federal Court rather than State Court. Conversely, it is usually better for someone suing an insurance company to litigate the case in State Court rather than Federal Court. Here is a 2019, opinion from the Southern District…
Insurance lawyers know and understand that before suing an insurance company for denying a claim, the insurance company must be given the statutory presuit notice of the intent to file a lawsuit. This was recently illustrated in a December 23, 2019, opinion from the Northern District of Texas, Dallas Division. …