Dallas area insurance attorneys need to be aware of the opinion issued by the Houston Court of Appeals, First District of Texas, in August of 2013. The style of this case is Houstoun, et al v. Escalante’s Comida Fina, Inc. Here is some background information. Between 2003 and 2008, Escalante’s…
Articles Posted in Deceptive Trade Practices Act
60 Day Pre-Suit Notice
Tarrant County insurance attorneys should know about pre-suit notice requirements. But for those who don’t, here is some information to keep in mind. Both the Deceptive Trade Practices Act (DTPA), Section 17.505 and the Insurance Code, Section 541.154 require a 60 day pre-suit notice be given. There are specific requirements…
DTPA – Defenses And Waivers
Johnson County insurance attorneys need to know how to use the Texas Deceptive Trade Practices Act (DTPA) to help their insurance clients. Here is some information that may be helpful. The Texas Business & Commerce Code, Section 17.565, states clearly that the DTPA has a two year statute of limitations.…
DTPA – “Intentional” Conduct
Palo Pinto attorneys need to know how to use the Texas Deceptive Trade Practices Act (DTPA) to help them with their claims for Texas Insurance Code violations. The Texas Business & Commerce Code, Section 17.50(b)(1), allows the jury in this type of case to award up to three times the…
DTPA – “Knowing” Conduct
Texas insurance lawyers need to be know how to use the Texas Deceptive Trade Practices Act (DTPA) to help their clients. Part of using the DTPA properly is to know when conduct by a company arises to the DTPA legal definition of “knowing.” Here is why. The Texas Business &…
Who Can Be Sued And How Much Can Be Recovered
Fort Worth insurance lawyers will have potential clients come in their doors complaining of being done wrong by an insurance company. One of the ways to help a client make a recovery in their case, besides the Texas Insurance Code, is the Texas Deceptive Trade Practices Act (DTPA). The DTPA…
False, Misleading, And Deceptive
Dallas insurance lawyers know the ways the Texas Insurance Code and the Texas Deceptive Trade Practices Act (DTPA) interact with each other and how to use both to help clients who are being jerked around by an insurance company. Texas Insurance Code, Section 541.151, says that a person who sustains…
Moving Insurance Claims
A Fort Worth insurance attorney will want to know about specific cases and the way the courts handled the cases. Here is an example of a case that is not seen very often. The style of the case is, Bekins Moving & Storage Co. v. Williams. This is a Texarkana…
Texas Insurance Code And The Texas Deceptive Trade Practices Act
Here is some information that all Dallas and Fort Worth insurance lawyers should know. The Texas Insurance Code sections and Deceptive Trade Practices Act(DTPA) were adopted together by the Texas Legislature in the 1970’s as part of a reform legislation package. They are interrelated and incorporate each other. Texas Insurance…
Deceptive Trade Practices
Weatherford lawyers and those in Mineral Wells, Springtown, Aledo, Azle, Willow Park, Hudson Oaks, Millsap, Brock and other places in Parker County need to have an understanding of the Texas Deceptive Trade Practices Act. One part of this Act that most attorneys do not realize is discussed in a case…