Texas Insurance Code, Section 542A.006(c), is being a source of frequent litigation in Texas since it was en-acted. The various Federal Courts are treating it differently. Here is a case from the Western District of Texas, Austin Division, dealing with this issue. The case is styled, Shiv Partners LTD and…
Here is another of the cases where the insured is suing the insurance adjuster and the insurance company is arguing the new law found in the Texas Insurance Code, Chapter 542A governs the case. The case is from the Southern District of Texas, Houston Division. It is styled, D.U.R. Properties…
As most insurance lawyers know by now, an insurance company can accept responsibility for the conduct of it’s adjusters when the claim is caused mother-nature and by doing so will defeat diversity jurisdiction and allow a lawsuit to be litigated in a Federal Court rather than a State Court. The…
Insurance lawyers know the insurance laws change every year and know that they have to keep up with those changes. One significant change was when Texas Insurance Code, Section 542A was added. While this change is to the advantage of the insurance company, there are times when the insurance company…
Insurance lawyers know that suing an adjuster when it can be done, is preferable to not suing the adjuster. There are reasons for this that have been discussed in previous blogs. The Southern District of Texas, Brownsville Division, had a case dealing with this issue in February 2020. The style…
Asserting a claim against an insurance adjuster must be done properly if the goal is to keep the adjuster in the case. Often times suing the insurance company for the acts of the adjuster is good enough to properly maintain a lawsuit. Other times the adjuster needs to be brought…
The courts interpretation of the new rules regarding suing an insurance adjuster need special attention. This is illustrated in the 2019, opinion from the Northern District of Texas, Wichita Falls Division. The case is styled, Barnes Burk Self Storage, LLC v. United Fire & Casualty Company and Traci McCormick. Barnes…
Claims for violations of the Texas Insurance Code must be stated properly against an insurance company adjuster. One way of doing this is talked about in this Western District of Texas, San Antonio Division, opinion styled, Jeanette Kotzur, David Kotzur v. Metropolitan Lloyds Insurance Company of Texas, Bryant Tullous, Michael…
Here is a situation where a lawsuit to which Texas Insurance Code, Section 542.006 applies. The remedy this Court applied to the case appears to be a distinction without a difference. The case is a 2019, Southern District of Texas, Laredo Division, opinion. The case is styled, Axel Brokers, Inc.…
As stated before, the insurance companies prefer to litigate cases in Federal Court. One of the ways to stay out of Federal Court when suing the adjuster for an insurance company is to clearly articulate the wrongs that the insurance adjuster committed. This is illustrated in a 2019, opinion from…