Insurance lawyers know the law about insurable interest goes back to 1866, in a United States Supreme Court opinion styled, Howard Fire Ins. Co. v. Chase. An insurable interest is necessary for the following reasons: – to prevent gambling – to reduce intentional loss – to enforce the principle of…
Almost all insurance policies contain a requirement that the insured submit to an examination under oath (EUO) as often as is necessary for the insurance company to complete its investigation of the claim. EUO”S were the topic in a Western District of Texas, Austin Division, opinion recently. The opinion is…
Insurance lawyers need to know the various ways other insurance lawyers have attempted to pursue an insurance company and the ways that work and the ways that do not or have not worked. Here is a different approach that failed to work. This is an opinion from the Northern District…
Insurance policies are of two types of it relates to the coverage of a claim. One is called an “occurrence” policy. An occurrence policy covers losses that occur during the policy period. The other type of coverage is a “claims made” policy. A claims made policy covers claims that are…
Here are some new laws enacted in the State of Texas that went into effect on September 1, 2019. There were several transparency and consumer protection bills that were passed in the wake of Hurricane Harvey. The most significant bills were related to flood, wind, and hail, although significant legislation…
Many people think of insurance for covering something you own when it is damaged, such as your home or auto. Or, people thing if health insurance and life insurance. But there is another type of insurance that is important to all of us. That is liability insurance. This is the…
Here is another Federal opinion discussing Texas Insurance Code, Section 542A. The opinion is from the Eastern District of Texas and is styled, John McAdams v. Palomar Specialty Insurance Company, Wellington Claim Service, Inc. and Nicholas Abdallah. McAdams had a homeowners insurance policy with Palomar when he suffered damages alleged…
Texas Insurance Code, Section 542A, is being used regularly now by insurance companies to prevent Plaintiffs from defeating diversity jurisdiction. This Insurance Code Section was discussed by a court in the Southern District of Texas, Houston Division, in a case styled, Robert Ewell v. Centauri Specialty Insurance Company, et al.…
Like it or not, an insured suing his insurance company has a much better chance of getting a favorable or more favorable result in State Court versus Federal Court. And, the insurance companies know this. As a result, an insurance company is always seeking to have a case heard /…
Insurance lawyers always want to remove cases filed by insured’s to the Federal Courts. In most instances they are successful in these efforts. Here is a situation where the insurance lawyers were too late in getting the case removed to Federal Court. This case is from the Southern District of…