Weatherford insurance lawyers who handle hail claims will tell clients that a hail damage insurance claim needs to be reported to the insurance company as soon as possible. This issue is discussed in a 2016, United States 5th Circuit Court of Appeals opinion. The opinion is styled, Hamilton Properties v.…
Articles Posted in Hail Claims
Concurrent Cause
Lawyers who handle hail damage claims understand all too well that in Texas the law regarding concurrent cause is against home owners. But there may be light at the end of the tunnel. An article in The National Law Review is encouraging. The article is titled “Florida Property Insurers Must…
Hail Claims – Prompt Notice
For lawyers handling hail damage claims, a Southern District, McAllen Division opinion is an interesting read. The case is styled, Gloria Martinez v. State Farm Lloyds. Martinez’s claims arise out of a storm that damaged her property in 2012 or 2014. It is undisputed that Martinez first gave notice of…
Hail Claims And Discovery
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…
Federal Court Pleadings
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…
Hail Claims And Appraisal = Bad Faith?
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. …
What Proves Bad Faith?
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…
Federal Court Pleadings And Remand – The Opposite
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…
Hail Claims And Federal Court
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…
Segregating Damages In Hail Storm
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…