Insurance lawyers find it helpful, in the right case, to use an expert. What is important to understand is the criteria courts look at to determine whether someone qualifies as an expert. This issue is discussed in a 2022 opinion from the Western District of Texas, San Antonio Division. The…
When an insurance company denies a claim, 99% of the time the claim the insured has against the insurance company is a claim for breach of contract. Issues related to “bad faith” and statutory violations of the Texas Insurance Code are relevant and important but usually those do not matter…
Here is a case where the insurance company complains that it did not receive proper pre-suit notice of the claim. The Court disagreed with the insurance company. This is a 2022 opinion from the Northern District of Texas, Dallas Division. It is styled, Douglas D. Dailey, et al., vs. Amguard…
Insurance claims attorneys know that the insurance statutes require that a notice letter be sent to an insurance company before filing suit. The notice letter is to be sent 60 days before filing the lawsuit. The purpose is to allow a settlement or resolution of the case before either side…
Insurance claims that are denied caused the insured to incur attorney fees unless they are going to accept the denial. So, how do Judges look at attorney fees? This is answered in a 2021 opinion from the Northern District of Texas, Dallas Division. The opinion is styled, Linda Veach v.…
Insurance lawyers should understand the interaction between the Texas Insurance Code and the Texas Deceptive Trade Practices Act (DTPA). Texas Insurance Code, Section 541.151(2) cross references and prohibits conduct defined in Section 17.46(b) of the DTPA. The DTPA statute applies to all types of consumer transactions, not just insurance, so…
There are deadlines for filing lawsuits and if those time limits are not honored, then there is no case. This is illustrated in a Southern District, Houston Division, opinion released on July 2, 2019. The case is styled, Nancy Roberson v. Allstate Vehicle and Property Insurance Company. Roberson sued Allstate…
Here is a case from the Northern District of Texas, Fort Worth Division, wherein the dates of the alleged damage incurred because of hail, is in dispute. The style of the case is, LTG & Associates, Inc. v. Monroe Indemnity Insurance Company. This is a summary judgment case granted in…
Renter’s insurance claims are not really much different than a homeowners claim. But one distinction that sometimes appears is the language in a renter’s policy will often times shorten the statute of limitations. This is seen in the 2018, San Antonio Court of Appeals opinion styled, Terry Granger v. The…
For Insurance Law Attorneys there are two other aspects that are important in the case. 1) opposing counsel and 2) your client. The relationship with the insurance company lawyer makes a difference as far as how smoothly the case is processed. Most of the lawyers involved on both sides in…