Here is an opinion issued by a Magistrate Judge from the Western District, Austin Division, which says that the insurer was too late in accepting responsibility for the acts of its agent, the adjuster, when the company accepted responsibility the day before removal was filed. The case is styled, Robbins…
The Texas Insurance Code, Section 542A, became the law in Texas in September 2017. The cases involving this law are working their way through the Court system. This law was recently discussed in a U.S. Southern District, Houston Division opinion styled, Greatland Investment, Inc., a/b/a Southwest Plaza v. Mt. Hawley…
For Insurance Attorneys, here is a case that is important to know and understand. The case is from the Western District of Texas, San Antonio Division. It deals with segregation of damages when required under an insurance policy. The case is styled, Mark Sadovsky v. Nationwide Property and Casualty Insurance…
Insurance attorneys know that a requirement of most insurance policies is that an insured give prompt notice to their insurance company of any claim. This is illustrated in a recent Western District of Texas, San Antonio Division opinion styled, Mark Sadovshy v. Nationwide Property and Casualty Insurance Company. This lawsuit…
The “Offer of Settlement Rule” is relatively new to Texas law and is codified in the Texas Civil Practice & Remedies Code, Section 42.002. This rule was discussed to a small degree in a case from the Corpus Christi Court of Appeals. The case is styled, Israel Salinas and Hilda…
One of the responsibilities for an insured who has a claim is to promptly report the claim to his insurance company. This is illustrated in this 2019, Southern District of Texas, Houston Division, opinion styled, Bobwhite Rentals, LLC v. National Liability & Fire Insurance Company. This is a summary judgment…
Filing a proof of loss as part of a claim is very basic to all insurance claims. This issue was a topic in a recent Fifth Circuit opinion styled, Andre Yanez v. American Strategic Insurance Coporation; E-Ins., L.L.C.; FKS Insurance Services, L.L.C. The lower court granted the insurers motion for…
Here is a Northern District of Texas, Fort Worth Division opinion issued by Justice Reed O’Conner. This opinion echoes similar opinions being issued in the Federal Courts in Texas. The style of this case is, Twanya Braden v. Allstate Vehicle and Property Insurance Company. Braden reported a claim for hail…
When a Plaintiff sues an insurance company in State Court, the insurance company is usually going to do everything it can to have the case removed to Federal Court. Plaintiffs normally lose this fight over which court the case will be litigated. Here is a case where the Plaintiff won…
Most people do not know what an anti-assignment clause in an insurance policy means. This issue is discussed in a 2018, opinion from the 14th Court of Appeals. The opinion is styled, Safeco Insurance Company of America v. Clear Vision Windshield Repair, LLC. This case concerns anti-assignment clauses in insurance…