There is a part of the claims handling process that insureds need to be wary about. That part is when an insurance company asks the person making a claim to submit to an Examination Under Oath (EUO). If the insurance contract provides for it, the insurance company may require an…
Insurance policies require that the insured cooperate with the insurance company investigation of a claim. Part of that cooperation includes filing a written proof of loss. This filing of a proof of loss is a precedent to enforcement of the policy as explained in the 1926, Texas Supreme Court opinion…
Attorneys who handle insurance claims know that almost all insurance policies have a cooperation clause in them. This means that the insured has a duty under the policy to cooperate with the insurance company in its investigation of the claim. One of these duties is to file a proof of…
Texas Insurance Code, Section 542A.006(c), is being a source of frequent litigation in Texas since it was en-acted. The various Federal Courts are treating it differently. Here is a case from the Western District of Texas, Austin Division, dealing with this issue. The case is styled, Shiv Partners LTD and…
Most insurance cases settle. This sums up insurance lawsuits. The State Bar of Texas has a section called the Insurance Law Section. The Insurance Law Section puts out a quarterly journal called “Journal of Texas Insurance Law.” A recent article discusses having an insurance company as a client and how…
Knowing how an insurance company looks at lawsuits that result after a claim is denied is valuable. The State Bar of Texas, Insurance Law Section, publishes a journal called Journal of Insurance Law. This Journal recently published an article discussing how lawyers who have insurance companies as clients, look at…
Knowing how insurance companies and their attorneys look at denied claims that result in a lawsuit is valuable to the attorney and his client who is suing the insurance company for the denied claim. The State Bar of Texas is a source for some helpful information. In particular the Insurance…
The State Bar of Texas, Insurance Law Section, published an article in a Journal it publishes which gives a perspective from the eyes of an insurance company lawyer defending lawsuits filed against the insurance company for denying claims. It is good to know how they look at these matters. Here…
Does an insurance company making a partial payment of a claim mean that they are responsible for the claim. The answer to this question and a couple of other questions was answered by the United States 5th Circuit in the April 2020, opinion styled, Sandford T. Pulley v. Safeco Insurance…
Providing an insurance company with a “Sworn Proof Of Loss” is a requirement under most insurance policies. This is illustrated in the 2020, Amarillo Court of Appeals opinion styled, City of Spearman, Texas v. Texas Municipal League Intergovernmental Risk Pool. This case is an appeal from a summary judgment granted…