Here is one for an insurance attorney to answer. A potential new client comes in the door. This person says they were drinking and got drunk, then they punched a friend in the face causing injury. The friend sues for the harm that was done and your potential new client…
Articles Posted in Intentional Acts
Punitive Damages In Insurance Cases
Insurance attorneys in Weatherford can tell you that an insurance company will often times mistreat their customers. The question would be, does the conduct arise to the level as to allow punitive damages and if so, how do you know that and what are the punitive damages. Their are a…
Intentional Acts And Insurance Coverage And Sports
Insurance lawyers can tell you that most intentional acts are not covered by an insurance policy. What if the act occurs in the context of a sports event? A 1998, Fort Worth Court of Appeals case talks about this. The style of the case is, Monk v. Phillips. Factual background…
Insurance Customers Caught Cheating
Colleyville insurance lawyers do not want to waste their time on cases where a person is trying to commit a fraud. The Insurance Journal ran an article in late December 2015, wherein they publicized some extreme attempts at insurance fraud. The article is titled, Insurance Fraud Hall of Shame Reveals…
Fraud Claims Against Insurance Companies
Fort Worth insurance lawyers need to have an understanding of the requirements for suing an insurance company for fraud. A 2015, United States District Court, Austin Division, case is a good place to start for grasping the requirements. The case is styled, Bige, Inc. v. Penn-America Insurance Company; Specialty Insurance…
Life Insurance – Homicide
Life Insurance attorneys will eventually have a case where the benefits of a life insurance policy are being denied for the stated reason that the beneficiary of the life insurance policy willfully brought about the death of the insured. The United States District Court, Western District of Texas, San Antonio…
Farmers Insurance Taking Advantage Of Policy Holders
Insurance lawyers in the DFW area need to stay on top of the insurance news in Texas. One good resource for keeping informed is the Insurance Journal. The Insurance Journal published an article in March of 2015 and another related article in July of 2015. The first article tells us…
How To Get Extra-Contractual Liability
Azle insurance lawyers need to be able to recognize when a case might have extra-contractual issues to litigate. A mere breach of an insurance contract is not actionable under the DTPA or Insurance Code. There must be something more in the way of fraud or misrepresentation in order to establish…
Insurance And Damages
Fort Worth insurance lawyers need to know how to calculate damages under the Texas Deceptive Trade Practices Act (DTPA) and the Texas Insurance Code. A Beaumont Court of Appeals is a good case for instruction on this point. The style of the case is, National Lloyds Insurance Company v. Latosha…
Intentional Act Versus Accident
Fort Worth insurance lawyers can tell you that most insurance policies do not cover acts committed intentionally by the insured. They only cover accidents. A 1997, Dallas Court of Appeals case shows at least one way how this works. The style of the case is, Wessinger v. Fire Insurance Exchange.…