Grand Prairie insurance attorneys need to know about technicalities and insurance policies. The Texas Supreme Court just issued an opinion in a case styled, Greene v. Farmers Insurance Exchange. This case deals with the Texas Anti-Technicality Statute found in the Texas Insurance Code, Section 862.054. Here is some of the…
Articles Posted in Claims Refusal
Insurance Companies Can Be Forced To Pay Denied Claims
Weatherford insurance attorneys already know what lots of people are learning – that is an insurance company can be forced to pay claims they have denied when the denial is wrong. KXAN did an investigation into this issue in July 2014. Here is what their report tells us. Most of…
Additional Insured Unable To Make First Party Claim
Arlington insurance lawyers need to know the cases where an insured can sue under an insurance policy and where they cannot. It is not always easy to do. A 1996, Beaumont Court of Appeals opinion is a good case to read. The style of the case is, Rumley v. Allstate.…
Life Insurance – Missed Payments
Aledo life insurance attorneys need to know the effect of payments missed on a life insurance policy. To begin with, each policy is different and thus the policy language needs to be read and then applied to the facts of the situation. A February 2014, opinion from the Houston Court…
Failure To Pay Claim And Bad Faith
Most insurance lawyers can tell a new client that the fact an insurance company refuses to pay a claim it should have paid does not make the insurance company liable for a bad faith insurance claim. The 1998, Texas Supreme Court case, Provident American Inc. v. Castanden, helps explain this.…
What Happens When Insurance Company Will Not Settle Liability Claim
Insurance lawyers will tell you that insurance companies can expose themselves to risk by not settling liability claims that they should settle. This relates to what is called the “Stowers Doctrine.” But exposing themselves to risk and and suffering the risk are two different things. The 1960, Amarillo Court of…
Read The Policy
Saginaw insurance attorneys and their clients need to read and understand the insurance policies they are presented with by the insurance company. The United States 5th Circuit issued an opinion in November 2013, that illustrates why. The style of the case is Willoughby v. Metropolitan Lloyds. Here is the relevant…
What Can Happen When Insurance Company Refuses To Pay
Fort Worth Insurance lawyers will like telling clients about a case that went to trial in Jefferson County, Texas, in May 2013. This blog tells one story after another about situations involving insurance and claims. The Southeast Texas Record, a Legal Journal ran a story titled, “Hurrican Ike Trial: Jurors…
Insurance Claims As Breach Of Contract Claims
Fort Worth insurance attorneys will tell you that an insurance policy is a contract. A 1992, Dallas Court of Appeals case gives a good example of how the Courts deal with this concept. The style of the case is, St Paul Insurance Company v. Rakkar. This case deals with many…
What Happens When The Insured Does Not Submit To An Examination Under Oath?
Fort Worth insurance lawyers should know about insurance policy provisions that require an examination under oath (EUO). The Houston Court of Appeals [14th Dist.] issued an opinion in May 2013, that helps to understand the process. The style of the case is, Arman A. Shafighi v. Texas Farmers Insurance Company.…