Here is another Texas Insurance Code, Section 542A.006 case. The opinion is from the Texas Southern District, Laredo Division. It is styled, Yarco Trading Company, Inc., et al. v. United Fire & Casualty Company, et al. This case was filed in State Court and United removed the case to Federal…
The vast majority of insurance cases are Ordered by a Court to participate in a mediation. There is good reason for this. Most cases, if they do not settle before mediation, will settle at mediation. The settlement brings an end to the litigation between the parties and saves court time…
Most Insurance Lawyers are by now, aware of the new insurance law that went into effect in Texas as of September 2017. This new law is found in the Texas Insurance Code, Section 542A.006(a)-(c). The law law allows an insurance company to accept liability to for an adjuster. This new…
Experienced Insurance Lawyers understand that insurance companies want to litigate cases in Federal Court and that the insurance companies will use any method they can to have the case in Federal Court. A recent case from the Western District of Texas, Austin Division, which is styled, Davis v. Travelers Lloyds…
For an insurance attorney to know the insurance adjuster did something wrong when it comes to a lawsuit is not good enough. When filing a lawsuit, the allegations of wrongdoing by the adjuster must be properly alleged in the lawsuit papers. This is illustrated in the Southern District, Corpus Christi…
Suing Adjusters in federal court is often times difficult. The reason is that an adjuster is usually sued in state court in an effort to defeat diversity jurisdiction thus, keeping the case in state court. When an insurance company believes the adjuster has been sued solely to defeat diversity jurisdiction,…
As has been discussed before, insurance companies would rather litigate cases in Federal Court instead of State Court. The reasons are numerous. One way to stay out of Federal Court is to defeat diversity jurisdiction under 28 U.S.C. Section 1332(a). This is most commonly done by suing a local adjuster…
Insurance attorneys representing the insureds would prefer to fight cases in State Court. One way of doing this is to successfully plead a case against the insurance adjuster. Insurance companies would prefer to fight in Federal Court. Here is a case wherein the case was filed in State Court against…
When suing an insurance adjuster, it is necessary to articulate facts that show an adjuster did something wrong. This is illustrated in this 2018, U.S. District Court, Northern District, Dallas Division, opinion styled, Recovery Resource Counsel v. ACE American Insurance Company, et al. Recovery Resource Counsel (RRC) alleges it suffered…
The United States District Court, Northern District, Dallas Division, issued an opinion in April 2018, titled, Grand Hotel Hospitality LLC d/b/a Grand Hotel Dallas v. Certain Underwriters at Lloyd’s of London et al. This is a breach of contract case where Grand Hotel suffered a fire damage and sued Lloyd’s…