Like all property insurance policies, the Business Personal Property (BPP) policy imposes a number of duties on the insured. Insurance attorneys will tell these duties constitute conditions precedent to coverage; that is, the insured must comply with these requirements before the insurance company is obligated to pay any loss. This…
Insurance lawyers will tell you that a person must have an insurable interest in the insured property to recover under an insurance policy. This is also stated in the 1993, Dallas Court of Appeals opinion, Jones v. Texas Pacific Indemnity Co. The purpose of the requirement of an insurable interest…
One of the primary duties of an insured under his insurance policy is to cooperate with the insurer’s investigation of a claim. As an example – The Texas Auto Policy provides: A person seeking coverage must (1) cooperate with us in the investigation, settlement, or defense of any claim or…
Here is some general property insurance information and personal property insurance information. Property insurance involves the indemnification of the insured by the insurer for the oss of, or damage to, identifiable property described either specifically or by general language in the policy. That is what was stated in the 1973,…
Insurance attorneys know about the statutory requirements of making a claim. These rules can be looked up in the Texas Insurance Code. The problem arises when the insurance companies do not comply with these rules. So, what are some of these rules. Start with Texas Insurance Code, Section 542.056(a). This…
Cooperation with the insurance company investigation of a claim is required under the insurance policy. Failure to cooperate can result in the policy being rescinded and the claim denied. The 1994, Amarillo Court of Appeals opinion, Andy Costely and Cathy Costley v. State Farm Fire And Casualty Company, illustrates the…
The United States 5th Circuit Court issued an opinion in October 2017, that is basic to insurance law. The opinion is styled, Nautilus Insurance Company v. Irma Miranda-Mondragon. This is a declaratory judgment action filed by Nautilus against its insured Houston Star Security Patrol and Mondragon. Nautilus argued it had…
Probably all homeowner policies require a “Proof Of Loss” (POL) be filed before a lawsuit be filed against the insurance company. This issue is addressed in the Northern District, Dallas Division opinion, Gwendolyn Pamphile v. Allstate Texas Lloyds. Before the Court was a motion to dismiss filed by Allstate. This…
Insurance lawyers learn real fast to know who are the persons who can recover / benefit under an insurance policy. Other persons who may sue for benefits under the insurance contract are “intended beneficiaries,” also known as “third party beneficiaries.” A third person for whose benefit a contract is made…
What all insurance lawyers know: Insurance policies are contracts, and as such are subject to rules applicable to contracts generally. This was stated in the 1994, Texas Supreme Court case, Hernandez v. Gulf Group Lloyds, and is still good law. A party seeking to recover on an insurance contract must…