A recent case filed in Tarrant County was removed to Federal Court, Northern District, Fort Worth Division. One issue dealt with the appraisal provision in the insurance contract. The style of the case is, Reese Hallak v. Allstate Vehicle and Property Insurance Company. Hallak sued Allstate for breach of contract…
Insurance attorneys with much experience learn real quick that the insurance companies prefer to litigate cases in Federal Court. The reason is that Federal Court is much less forgiving of mistakes and the Federal Courts look for reasons to dispose of a case. This authors opinion is that many of…
Lawsuits need to be specific when claiming what an insurance company, adjuster, or agent did that caused harm to their insured. This is illustrated in an Eastern District opinion styled, Scott Jengemuhle and Ty Properties, LLC v. Acceptance Indemnity Insurance Company and Robert Saucier. This case relates to an insurance…
The Houston Chronicle ran a story of September 20, 2017, that all homeowners need to read. It is titled “Flooded Houston Homeowners Might Have Been Spared Ruin — But Only If They Read The Fine Print.” 25 words of a public document that could have spared thousands of homeowners from…
As it relates to homeowner’s policies, the Texas courts have adopted a rigid rule for when a loss occurs. The Texas Supreme Court in, Don’s Building Supply, Inc. v. OneBeacon Ins. Co. has emphasized that the applicable rule for when a loss occurs depends upon the language in the policy.…
Insurance lawyers who handle home owners claims need to read this opinion from the 14th Court of Appeals. It is styled, Ron Pounds v. Liberty Lloyds of Texas Insurance Company. This case concerns whether an insurer waived appraisal of a homeowner’s insurance claim by denying it. A summary judgment in…
Texas insurance lawyers need to know what an insured’s duties are after a loss. One of the most common homeowners policies for Texas home owners is an HOB policy. The HOB policy requires that the insured cooperate with the insurer’s investigation of the claim by promptly submitting notice of the…
When two elements combine to cause damage, one being covered and the other not covered, issues arise regarding whether the loss is covered, and who bears the burden of proof to allocate causation between the covered cause and the excluded cause. Courts have held that the insurance company will only…
When two events combine to cause damage, one being covered and the other not covered, issues arise regarding whether the loss is covered, and who bears the burden of proof to allocate causation between the covered cause and the excluded cause. In the San Antonio Court of Appeals case, Wallis…
News from Law 360. While some Texas lawyers are encouraging property owners to quickly lodge claims for Hurricane Harvey damage before a new state property insurance law takes effect on Friday, the reality is that the potential downsides of the legislation — including a lower interest rate on successful lawsuits…