Arlington insurance lawyers know it is a mistake when a lawsuit is not filed asap after a claim is denied. A 1998, Corpus Christi Court of Appeals case illustrates this well. The style of the case is, Pena v. State Farm Lloyds. This is an appeal from a summary judgment.…
Articles Posted in Delay in Paying Claim
Prompt Payment Of Claims Law
Tarrant County insurance attorneys should be familiar with the Texas Prompt Payment of Claims Act. Here is a little information taken from a State Bar of Texas publication that attorneys and their clients should know. The article was discussing the legality of ordering an insurance company to pay restitution for…
Prompt Payment Of Claims And Attorney Fees
Fort Worth insurance attorneys need to have an understanding of how the Texas Prompt Payment of Claims Act works. Here is a case that explains how it works in relation to attorney fees. It is a 2013, United States 5th Circuit Court of Appeals case styled, The City of College…
Delay In Paying The Claim?
Palo Pinto attorneys who handle insurance situations will need to be able to distinguish between situations where an insurance company can be held liable for not paying a claim and where they cannot be held liable for paying a claim. The United States District Court for the Southern District of…
What Is A Defense For The Insurance Company In Paying A Claim Promptly
A Grand Prairie insurance attorney needs to be able to distinguish between legitimate requests for information by an insurance company and requests that are not so necessary for their investigation of a claim. The Prompt Payment of Claims Act allows the insurance company to request information it reasonably believes will…
Late Payment And Cumulative Remedies
Dallas insurance lawyers are probably already aware of some of the penalties and remedies available when an insurance company violates the Texas Prompt Payment of Claims Act. Section 542.061, should be known and read by all insurance attorneys. It says: “The remedies provided by this subchapter are in addition to…
Penalties For Not Paying Promptly
Fort Worth insurance lawyers would know the penalties available when an insurance company does not promptly pay a claim. The Prompt Payment of Claims Act provides for 18% per annum damages, in addtion to the amount of the claim, plus attorney fees, plus this is on top of other types…
When Should I Get A Check From The Insurance Company?
Tarrant County Insurance lawyers should be able to give you a response to the above question. The first place to look for guidance is the Texas Insurance Code, Section 542.057(a). This section requires payment by the fifth business day after the claim is accepted by all insurance companies except surplus…
Why Did The Insurance Company Deny The Claim?
Tarrant County attorneys who handle insurance cases need to understand the rules related to the Texas Prompt Payment of Claims Act. Texas Insurance Code, Section 542.056(c) says “If the insurer rejects the claim, the notice required by Subsection (a) or (b) must state the reasons for the rejection.” Arguably, an…
Insurance Company Responsibility To Accept Or Reject Claim
Dallas County insurance attorneys will understand the responsibilities of an insurance company to accept or reject an insurance claim. Usually the first thing an experience Insurance Law Attorney will ask of a potential new client who says their claim has been denied, is a copy of the rejection letter. Texas…