It’s probably not right to pick only on State Farm. Most if not all, of the insurance companies or their individual employees will break the rules for their own gain. This is illustrated in a Chicago Tribune story titled, State Farm Pays $250 Million, Ducks Trial Over Allegations It Tried…
Insurance lawyers who handle home owner and property claims must know this case. It is a 2018 case from the Northern District of Texas, Dallas Division. It is styled, Meisenheimer v. Safeco Insurance Company of Indiana. This is a storm damage claim. Plaintiff suffered damage and made a claim. Safeco…
Anytime an insurance company is sued from conduct arising from insurance policy and the investigation of a claim, the insurance company is going to seek to have the case heard in a federal court. This is seen again in the 2018, opinion from the Western District of Texas, San Antonio…
As is normal, an insurance company will remove a case to federal court anytime they can. When an insured sues parties besides the insurer, the insurance company claims the joinder of the other party is fraudulent. To often the insurer wins this removal battle. Here is a case where the…
Attorneys who handle insurance cases in Fort Worth and around Texas will want to read this 2018, opinion from the U.S. District Court, Eastern Texas, Sherman Division. It is styled, Bradley Sanson v. Allstate Texas Lloyd’s. This situation deals with property that was substantially destroyed in a storm. Allstate was…
The law in Texas is pretty clear, an insurance company is entitled to received a notice before a lawsuit is filed. This is recently illustrated in a Southern District, Houston Division, opinion styled, Jose Luis Perrett v. Allstate Insurance Company. This is a dispute arising out of damage caused by…
Here a situation that is not seen very often, but it does occur. This 2018, case is from the Tyler Court of Appeals and is styled, In Re: Metropolitan Property And Casualty Insurance Company, et al. This is a mandamus action wherein Metropolitan is appealing the trial court’s decision of…
A starting point for understanding an Examination Under Oath (EUO) is start with the principle that an insured has a duty under their insurance contract to cooperate with the insurer’s investigation of a claim. In the first-party setting, which is the setting under which EUO’s are sought: Duties of cooperation…
A frequent phone call to insurance law lawyers is someone asking about participating in an examination under oath (EUO). Most people understand what taking the 5th means. It refers to our right to not be compelled to say anything that may be self-incriminating. It usually is discussed in the context…
Insurance cases involving umpire’s are a little different. The Amarillo Court of Appeals issued an opinion on May 14, 2018, styled, Mahmoud Abdalla v. Farmers Insurance Exchange. The case deals with, among other issues, when an umpire’s appraisal award can be challenged. This case is an appeal by Abdalla from…