Lawyers who handle hail and storm claims need to read this 2016,case from the Beaumont Court of Appeals. It is styled, In Re Windstorm Association, Brush Country Claims, Ltd., and David Guitierrez. This is a mandamus proceeding wherein the parties named above allege the court abused it’s discretion by compelling…
Brock insurance lawyers who help people with hail and storm claims need to read this opinion from the McAllen Division. The opinion is styled, Claudia Cavazos, et al v. Sussex Insurance Company, et al. Brian Ring was an adjuster assigned by Sussex to investigate a hail and storm damage claim…
When an insurance company complies with an appraisal can there still be bad faith? That question was answered with a “no” in a 1996, San Antonio Court of Appeals opinion. The opinion is styled, Toonen v. United Services Automobile Association. USAA insured Toonen’s home. The policy contained an appraisal clause. …
For insurance lawyers, the above question captures the ultimate question. Most cases do not involve bad faith. They are simple breaches of the insurance contract. The Northern District, Dallas Division discussed the law in a recent opinion. The opinion is styled, Yasser Alhamzawi v. Geico Casualty Company. This is a…
Palo Pinto County insurance attorneys know the insurance companies want to litigate their cases in Federal Court. Insurance attorneys representing individuals and small businesses know they can often times get a better result for their clients in State or County Court. Another U.S. McAllen Division opinion discusses the same issue…
As has been stated here many times, insurance companies prefer to litigate cases in Federal Court, whereas, attorneys representing claimants prefer to litigate cases in State Court. The Northern District, Dallas Division, issued an opinion wherein the fight over which court a case would be heard was the subject of…
Attorneys who handle hail damage claims have to know the law discussed in this Northern District, Dallas Division opinion. The opinion is styled, One Way Investments, Inc. vs. Century Surety Company, et al. This is a summary judgment case for breach of contract. One Way had property insurance with Century…
Garner insurance lawyers who know insurance law, know that actually prevailing in a bad faith claim is difficult. Getting the insurance company to pay what they should is not hard but getting the extra money for bad faith in Texas is difficult because of the way Texas Courts interpret the…
The Statute of Limitations for insurance claims will vary with the facts of the case. In general this limitation begins to run once a claim is denied. A Southern District , Galveston Division case arose in 2016, that is a good read. The case is styled, Linda Grayson v. Lexington…
Insurance lawyers in the Dallas and Fort Worth area know that insurance companies prefer to litigate cases in Federal Court while the opposite is true for lawyers representing an insured. A recent Northern District, Dallas Division case deals with suing the agent in Federal Court. The case is styled, B&B…