A Federal Court for the Western District of Texas, Midland/Odessa Division issued an opinion in 2021, that deals with the Texas Prompt Payment of Claims Act (TPPCA). The style of the opinion is long. We will call it Woodcrest Capital, LLC, et al v. Zurich American Insurance Company. The TPPCA…
Insurance Companies are supposed to promptly make payment of claims made by an insured. A May 2021, case from the Fifth Circuit Court of Appeals confirms this. The style of the opinion is Hyewon Shin v. Allstate Texas Lloyd’s. In this case, the insured, Hyewon Shin asserted a claim for…
Insurance attorneys need to be know this 2021, opinion from the Texas Supreme Court. It is styled, Louis Hinojos v. State Farm Lloyds and Paul Pulido. The Texas Prompt Payment of Claims Act, codified in Insurance Code Chapter 542, imposes deadlines on insurers to pay valid claims. If an insurer…
When an insurance company delays in paying a claim, there is likely a violation of the Texas Prompt Payment of Claims Act. As a result it is important to have a good understanding of how the Prompt Payment of Claims Act is interpreted by the Courts. The statute, at Section…
Life insurance lawyers run into situations where a person eventually recovers life insurance benefits they are entitled to receive. A common situation where this occurs is when a life insurance lawyer sends a notice letter to the insurance company letting the insurance company know that the claim has not been…
Claim Denial Attorneys need to read this opinion from the Southern District of Texas, Houston Division. It is styled, Caramba, Inc. d/b/a Pueblo Viejo v. Nationwide Mutual Fire Insurance Company. This is a summary judgment case in favor of Nationwide. This insurance coverage dispute arises out of claim filed seeking…
Insurance lawyers need to read this 2020, opinion from the United State Fifth Circuit Court of Appeals. It is a good opinion for attorneys who represent policy holders. The opinion is styled, Jesus Agredano: Margaret Agredano v. State Farm Lloyds. The Agredando’s sued State Farm after State Farm denied their…
Recent Texas Supreme Court opinions have been helpful to Texas insureds. The help comes in the form of the Court deciding that an insurer by merely paying an appraisal award is no longer able to wash their hands of the case. The insured can still seek remedy under the Texas…
The Texas Prompt Payment of Claims Act (TPPCA) sets forth rules for payment of claims and penalties for violation of those rules. Here is a case that deals with the TPPCA when there is an appraisal involved. The case is from the Northern District of Texas, Dallas Division, and is…
What about those times that an insurance company pays a claim but the payment has been a lot later than it should have been paid? That is an issue that is partially addressed in a January 2020, opinion from the United States District Court, Southern District of Texas, Houston Division. …