Here is an interesting case dealing with hail damage. This is a 2021, case from the San Antonio Court of Appeals. It is styled, Allstate Vehicle And Property Insurance Company v. Peter Reininger. The opinion is an appeal from a jury trial in favor of Reininger. The opinion is lengthy…
Articles Posted in Home Owners Policies
Insurance Claim Denial – Proving The Claim
Here is a case from the Eastern District of Texas wherein the insureds did not show that the damages they received were the result of a covered damage. The case is styled, Tim Whatley and Sheila Whatley v. Great Lakes Insurance, SE and McClelland & Hine, Inc. In this case,…
Texas Winter Weather Claims Denial
Texas homeowners have just experienced the worst loss state wide that has ever been experienced. Homeowners will be reeling from the damage and hopefully the insurance companies treat all their customers fairly. Unfortunately, there will be many customers who end up having their claim denied for one reason or another.…
Home Owners Insurance Policy And Collapse
Do homeowner insurance policies cover a collapse of the home? It sounds like a simple question but as is illustrated in a 2020, opinion from the Southern District of Texas, Houston Division, it is not as simple as it looks. The opinion is styled, Beatrice Stewart v. Metropolitan Lloyds Insurance…
Non-Renewal Of Policy
Here is a homeowners claim from the Northern District of Texas, Amarillo Division, that is interesting. The case is styled, Valerie Smith v. State Farm Lloyds. This is a summary judgment opinion wherein State Farm asserts that it is entitled to summary judgment because it notified Smith two months before…
Homeowners Claim And Breach Of Contract
Home owners claims are a frequent source of litigation. Here is a case from the Northern District of Texas, Fort Worth Division, that has a little different twist to it. The case is styled, Allen Ripley, et al v. State Farm Lloyds. Ripley’s home was damaged by a hail storm…
Is Issuing An Insurance Claim Check And Receiving The Check The Same Thing?
Insurance lawyers need to know the various ways other insurance lawyers have attempted to pursue an insurance company and the ways that work and the ways that do not or have not worked. Here is a different approach that failed to work. This is an opinion from the Northern District…
What Are Insurance First Party Policy’s?
What is a First Party claim versus a Third Party claim? A “first party” policy typically involves insurance that provides policy benefits directly to the insured or beneficiary in the event of a loss. The Texas Insurance Code, Section 541.051(2) defines “first party claim” as a claim “by an insured…
“Surface And Ground Water Damage” Exclusion
Spring is coming soon and exclusions in homeowner policies for “surface and ground water damage” will be an issue an insurance lawyer must be able to discuss with client. Here is a November 2019, opinion from the Southern District of Texas, Houston Division, that “kinda” addresses this issue. The opinion…
Homeowners Claim
Here is a homeowners claim that has a different twist to it. The case is from the Southern District of Texas, Corpus Christi Division, and is styled, Kenneth Stokley v. Allstate Texas Lloyds. In this case the Plaintiff, Stokley filed a Motion to Compel Appraisal and Allstate is trying to…