Insurance attorneys understand the importance of proper communications with an insurance company. The Claims Journal, which is a publication for the insurance industry, published an article in September 2017, suggesting ways for a company to properly communicate with their insured. The article is titled, 10 Tips On Responding To Claimant…
Articles Posted in Claims Handling Process
A Person Has To Ask For Policy Benefits To Get The Benefits
As strange as this one may seem, it is actually fairly common. This is a Southern District, Houston Division opinion styled, Gavion et al v. ACE American Insurance Company. In 2009, Gavion swerved into the path of a train. He was driving under the policy of his mother’s employer. A…
Prompt Payment Of Claims And Appraisal
Does a violation of the Texas Prompt Payment of Claims Act survive an appraisal that is promptly paid? This issue is addressed in an opinion from the San Antonio Court of Appeals. The case is styled, Barbara Technologies Corporation v. State Farm Lloyds. Barbara Technologies had a policy of insurance…
Remember – There Is An Obligation To Cooperate With Your Own Insurance Company When Making A Claim
Experienced insurance law lawyers in Hamilton, Texas, know the above is true. This obligation is illustrated in a 2017, hail damage claim opinion out of the Southern District, Houston Division. The opinion is styled, Metro Hospitality Partners, Ltd., d/b/a Crowne Plaza Hotel v. Lexington Insurance Company. When a business sues…
Insurance Company Seeks Reimbursement?
The 2000, Texas Supreme Court opinion styled, Texas Association of Counties v. Matagorda County is a type of case not seen too often, but is worth knowing. Matagorda County had a liability policy with The Texas Association of Counties (TAC) for its law enforcement activities. The policy contained a “jail…
A Dallas County Claim
The Texas Supreme Court issued an opinion in 2014, in a case styled, In Re National Lloyds Insurance Company. For insurance lawyers, this case discusses relevant discovery issues. This case involves allegations of underpaid insurance claims. In September 2011 and June 2012, storms swept through Cedar Hill and caused damaged…
Insurance And Unjust Enrichment
Do you own the property that is insured? That is a question that matters in an insurance claim. This is illustrated in a Southern District, Houston Division opinion issued in late 2016. The opinion is styled, Cynthia Banion V. Geovera Specialty Insurance Company and Rick Calvert. Cynthia sued Geovera to…
When Does Coverage Begin?
Kimble County, Junction Texas – Even a place that is rural and secluded has to deal with insurance issues. One of those issues at some point on a claim will be – when does coverage begin on the policy at issue. This is discussed in a 1996, Texarkana Court of…
Read The Policy!
The Houston Division, Southern District issued an opinion on September 10, 2016, styled AXA Art America’s Corporation V. Public Storage that serves as a good example how a person has to read what they are signing. AXA’s contract with Public Storage is similar to what happens in many insurance contracts.…
Requesting Coverage On A Claim
Insurance attorneys know what the requirements are that are placed on an insurance company when one of their customers make a claim. These requirements are found in Texas Insurance Code, Section 542.051 thru 542.061. Section 542.056(a) requires the insurance company to give written notice it is accepting or rejecting the…