Texas insurance lawyers need to understand the ways the Texas DTPA can help with insurance claims. Texas Insurance Code, Section 541.151(2) cross-references and prohibits conduct defined in the Texas Business & Commerce Code, Section 17.46(b), commonly known as the Deceptive Trade Practices Act. This latter statute applies to all types…
Mesquite insurance lawyers know that violations of Texas insurance laws are also violations of the Texas Deceptive Trade Practices Act (DTPA). They also know that a notice letter is required prior to pursuing a lawsuit under either category of statutes. A 1992, Texas Supreme Court case illustrates this point. The…
Experienced Grand Prairie insurance lawyers can tell you how the Texas Insurance Code and the Texas Deceptive Trade Practices Act (DTPA) interact. A 1996, San Antonio Court of Appeals opinion also shows this interaction or lack thereof as it related to the case. The case is styled, Saunders v. Commonwealth…
Dallas insurance and Deceptive Trade Practices Act (DTPA) lawyers will tell you a DTPA claim cannot be assigned. If you don’t believe them, you can believe the Texas Supreme Court. The Texas Supreme Court issued an opinion in 2004 that discusses the assignability of a DTPA claim. The style of…
Duncanville insurance attorneys need to know how the Texas Insurance Code and the Texas Deceptive Trade Practices Act (DTPA) interact. A United States 5th Circuit Court of Appeals case from 2008 discusses this a little bit. The style of the case is, National Union Fire Insurance Company v. Puget Plastics…
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.…
Palo Pinto County insurance lawyers will find this article interesting. It is from the Insurance Journal. Here is what it says. Nationwide Mutual Insurance Co.’s use of the slogan “On Your Side” constitutes false and deceptive advertising because the insurer does not represent insureds as the slogan implies, according to…
Insurance attorneys in Irving and Dallas need to know the remedies when an insurance agent makes a misrepresentation about a policy. The United States District Court, Southern District of Texas, Houston Division, issued an opinion that is worth reading. The style of the case is Changiz M. Khoei, et al.,…
Dallas insurance lawyers know the ways insurance agents can be held liable for the misrepresentations they make to insureds. A 1994, El Paso Court of Appeals case is good to review. It is styled Hart v. Berko. Here is some of the relevant information. This is a suit brought under…
Tarrant County insurance attorneys will find the following case useful on many claims they encounter. The case is a 1984 Texas Supreme Court case styled, Luna v. North Star Dodge Sales, Inc. Here is some of the relevant information. In March 1980 Luna sought to purchase a 1980 Dodge Omni…