The Western District, San Antonio Division issued an opinion in a case that helps an insurance company keep his client’s case out of Federal Court by suing the insurance agent. The opinion is styled, The New World Baptist Church, LLC v. Nationwide Property and Casualty Insurance Company, Kevin P. McLoughlin,…
Most insurance lawyers want to keep their cases out of Federal Court. One way of doing this, if the opportunity exists, is to find fault with the way an adjuster handled the claim. This is illustrated in a Northern District, Dallas Division opinion styled, Arlington Heights Memorial Post No. 8234…
The Fort Worth court of Appeals issued an opinion in May 2017, that illustrates the wrong way to pursue a claim and lawsuit for storm and hail damage. The opinion is styled, Richard Seim and Linda Seim v. Allstate Texas Lloyds and Lisa Scott. This a motion for en banc…
Tarrant County insurance attorneys will learn real fast that when asserting a claim against an insurance adjuster, the claim needs to be pled with specificity. This is illustrated in a recent case from the Southern District, McAllen Division. The opinion is styled, Ada Elizondo v. Great Lakes Insurance SE. et…
Does a violation of the Texas Prompt Payment of Claims Act survive an appraisal that is promptly paid? This issue is addressed in an opinion from the San Antonio Court of Appeals. The case is styled, Barbara Technologies Corporation v. State Farm Lloyds. Barbara Technologies had a policy of insurance…
Hail damage claims often get resolved short of an actual trial. The Houston Court of Appeals [1st Dist.] issued an opinion on a trial from a District Court. The opinion is styled, Mark Groba v. German American Farm Mutual Insurance Company. After Hurricane Ike hit his area, Groba made a…
Insurance attorneys usually learn the hard way, the correct way to file lawsuits to stay out of Federal Court. Many times there is no way to stay out of Federal Court but when there is, it is usually to the client’s advantage to do so. A Southern District, McAllen Division…
This Eastern District, Sherman Division opinion is good reading for how the courts look at an insured’s responsibility to comply with policy provisions in an insurance contract. The opinion is styled, Tommy Wilson v. Allstate Insurance Company. Wilson made a claim for damages to his home after wind and hail…
Most Llano insurance lawyers would prefer to stay out of Federal Court because Federal Courts tend to be more favorable to insurance companies. Suing the insurance company adjuster is one way to stay out of Federal Court. A Western District, Waco Division opinion shows one way to NOT sue…
Hamilton insurance lawyers need to read this opinion from the Western District, Waco Division, Federal Courts. It is styled, Stephen Hahn v. United Fire and Casualty Company. Hahn filed this lawsuit against United Fire after United Fire refused to pay a hail damage claim submitted to them by Hahn. United…