Mineral Wells insurance lawyers know that when making a pre-suit demand on an insurance company that making an excessive demand can be more harm than good. This is discussed in a Houston Court of Appeals [1st Dist.] opinion released in August 2016. The case is styled, United Services Automobile Association…
Articles Posted in Claims Handling Process
Unfair Claims Settlement Practices
Weatherford insurance lawyers know resources to research to discover or confirm whether or not an insurance company adjuster doing their job properly. The Texas Insurance Code has specific sections that deal with unfair claims settlement practices that an adjuster may employ. Sec. 541.060. UNFAIR SETTLEMENT PRACTICES. (a) It is an…
Reservation Of Rights Letter
Dallas insurance attorneys need to be able to understand “reservation of rights” letters. A 1999, Dallas Court of Appeals opinion discusses an issue with these letters. The opinion is styled, Aetna Casualty & Surety Co. v. Naran. On July 28, 1986, Naran’s home, garage and two cars were destroyed in…
Co-operating With Insurance Investigation
Texas insurance attorneys will tell you that one of your obligations under your insurance policy is to co-operate with the insurance company investigation of your claim. A Houston Division, Southern District case illustrates how difficult matters can be when the co-operation is questionable. The case is styled, Resie’s Chicken &…
Suing The Adjuster
Duncanville insurance attorneys need to know how to properly sue an insurance adjuster who improperly adjusts a claim. This issue was brought in a U.S. District Court, Dallas Division opinion. The style of the case is, The Denley Group, LLC v. Safeco Insurance Company Of Indiana and Lisa Seutter. After…
Misrepresentation In Application
Fort Worth insurance lawyers have to be able to answer the question – What if there is a misrepresentation in an insurance application. The Dallas Court of Appeals helped give guidance to an answer in a case styled, Medicus Insurance Company v. Frederick Todd, II, M.D. This was an appeal…
Insurance Agent Getting Insurance For Their Customer
Mineral Wells insurance lawyers will have situations wherein the agent may have made a mistake in getting insurance for one of their customers. The 11th Court of Appeals issued an opinion in 2015, that provides some insight into how courts examine claims made against insurance agents. The style of the…
Flood Claims And Statute Of Limitations
Fort Worth insurance lawyers will not see as many flood claims as attorneys along the Texas coast but they still need to have some knowledge of how they work. The United States District Court, Galveston Division, issued an opinion and order in a dispute concerning a National Flood Insurance Policy.…
Insurance And Common Law Marriage
Grand Prairie insurance lawyers will have situations where a man and woman live together and have an insurance claim. It usually has to do with a life insurance policy claim but can be any type of insurance. When it comes to insurance benefits, the issue will be one of whether…
Written Notice Of Claim To Insurance Company
Carrollton insurance lawyers need to make sure when a client is filing an insurance claim that the claim is a written claim for benefits. Most insurance companies will take an oral claim report but at least one court in Texas is requiring that a notice of claim be in writing.…