It is important to understand the time frame under which lawsuits must be filed. As part of that, reading the insurance policy is vital. A 2024 opinion from the Western District of Texas, Del Rio Division, discusses limitation periods written into insurance policies. The opinion is styled, Antonio Caballero v.…
Here is a 2024 opinion from the Northern District of Texas, Amarillo Division, that deals with an important procedural in hail damage claims. The opinion is styled, Lotus Sky, LLC v. Lexington Insurance Company and Constitution Insurance Company. This case arises from a hail damage insurance claim. Lotus Sky sued…
For Insurance Lawyers handling claims caused by “Mother Nature” it is important to understand Texas Insurance Code, Section 542A. This is a specific section for claims related to hail damage, tornados, hurricane’s, etc. As it relates to attorney fees on this type of claim the Southern District of Texas, Houston…
Fortunately, most insurance claims do not require expert testimony. If expert testimony is needed, here is a 2023 opinion from the United States Fifth Circuit Court of Appeals which needs to be known. The opinion is styled, Cody Horton v. Allstate Vehicle And Property Insurance Company. Horton reported a claim…
Attorneys handling homeowner claims must be aware of the most recent case law regarding the notice provisions of Texas Insurance Code, section 542A. Here is a 2023 opinion from the Northern District of Texas, Amarillo Division, dealing with this issue. The opinion is styled, Toby Brohlin, et al. v. Meridian…
Insurance lawyers who handle claims being denied are usually asked whether not their attorney fees can be recovered. The answer is usually a “Yes” but their are requirements to be met in order to recover those attorney fees. One of those requirements include giving a pre-suit notice letter in proper…
Here is a hail damage claim that has a frequently heard assertion by the insurance company. That assertion being that whatever hail damage exists occurred outside the policy period. This is a 2023, summary judgment opinion from the Western District of Texas, San Antonio Division. The opinion is styled, PMJ…
From a statistical point of view, less than 2% of all lawsuits result in an actual trial. They either get thrown out of court on a motion for summary judgment or they they get settled. Most get settled. For the cases that go to trial, the public hears about the…
Here is a case discussing bad faith insurance and a claims expert. This is an 2023 opinion from the Western District of Texas, San Antonio Division. The opinion is styled, PMJ Bleu Terre Management, LLC v. AmTrust Insurance Company of Kansas, Inc. AmTrust filed a Motion to Strike Expert, PMJ’s…
Hail damage claims sometimes require experts to assist in the claim. This is the case in a 2023 opinion from the Western District of Texas, San Antonio Division. The opinion is styled, PMJ Bleu Terre Management, LLC, v. AmTrust Insurance Company Of Kansas, Inc. AmTrust filed a motion to exclude…