Claims denial attorneys know that many claims arise because an insurance agent committed a fraud when selling the policy. A fraud cause of action requires proof of the following elements: 1. a material representation was made; 2. the representation was false; 3. the speaker knew it was false or made…
The vast majority of insurance policies are sold by insurance agents. So, are the insurance companies responsible for the acts of these agents? The first step to determine whether an insurance company is vicariously liable is to determine whether the agent who engaged in the conduct was acting as the…
Insurance lawyers learn quickly that when suing an insurance agent who sold a policy that the allegations against the agent must be specific. Being too general with allegations can result in a battle being fought in Federal Court when usually the lawyer would want the fight to be in State…
Properly notifying an insurance company about a claim is not always as simple as it might seem. This is illustrated in a 2020, opinion from the Northern District of Texas, Dallas Division. The opinion is styled, Vela Wood PC, et al v. Associated Industries Insurance Company, Inc. This case is…
Suing an insurance properly is not as easy as it might first seem. This is illustrated in a recent opinion from the Western District of Texas, San Antonio Division. The opinion is styled, Finger Oil & Gas, Inc. v. Mid-Continent Casualty Co., Et Al. Finger Oil sued Mid-Continent, Marsh USA,…
The answer to the titled question will vary according to the exact situation being reviewed. According to the 1994, Texas Supreme Court opinion, Celtic Life Ins. Co. v. Coats, an insurance company cannot escape liability by showing that it did not authorize the specific wrongful act. The Supreme Court in…
Insurance lawyers need to know ways to hold an insurance company liable for the conduct of one of it’s agents. Here is why. Sometimes an insurance agent does not have assets or insurance coverage to pay for his mistakes. If the insured customer cannot be made whole by pursuing the…
Here is something an insurance company does not like. An insurance company cannot escape liability by showing that it did not authorize the specific wrongful act of an agent. This was the decision in the 1994, Texas Supreme Court opinion styled, Celtic Life Ins. Co. v. Coats. Something similar is…
There are various acts or in-actions that an insurance agent can take that will hold not only the agent responsible but also the insurance carrier. An insurance company may be liable for unauthorized acts by an agent, if the agent is acting within the scope of his “apparent authority.” Actual…
Lawyers handling insurance disputes know that often times the wrongs committed in an insurance dispute are committed by the agent who sold the policy. When it comes to the conduct of insurance agents and their relationship with the insurance company, there are two kinds of authority. There is “actual authority”…