Hail claims lawyers need to read the Texas Supreme Court opinion styled, JAW The Point, L.L.C. v. Lexington Insurance Company. This is a 2015, opinion that is relevant to most hail damage claims, as well as lots of other claims. The case is written about in the State Bar of…
Articles Posted in Interpreting An Insurance Policy
Concurrent Causation Clauses
Attorneys handling hail damage claims need to read this case. It is a 2015, Texas Supreme Court opinion styled, JAW The Point, L.L.C. v. Lexington Insurance Co. In this case, the “anti-concurrent causation” (ACC) exclusion reads: loss or damage caused directly or indirectly by any [excluded cause or event], regardless…
Interpreting Appraisal Clause
Mineral Wells insurance lawyers are aware of appraisal clauses in insurance contracts. Interpreting them is not always easy. The Amarillo Court of Appeals issued an opinion in a 2015 case that needs to be read. It is styled, In Re Century Surety Company. This is a mandamus proceeding that arises…
Liability Claims
Insurance lawyers need to recognize when coverage will be provided in cases when an insured is being accused of being liable for harm caused to a third party. A 1988, Texas Supreme Court case is insightful to this issue. The style of the case is, Adela Snellberger v Rosita Hernandez.…
Insurance Policy Language
Dallas insurance lawyers can tell a client that one of the most important things to do when looking at an insurance claim is to read the policy. What the policy says, coupled with the facts of the claim, go a long way in determining whether or not a claim should…
Put Names On Those Beneficiary Forms Or Else
Springtown life insurance lawyers would want to know about an opinion from a Florida Court dealing with beneficiaries under a life insurance policy. The Court looked at the law in Florida at issue and then looked at the language of the policy and issued a ruling that many would disagree…
Actual Cash Value versus Replacement Value
Insurance lawyers in Parker County need to read a Houston Court of Appeals [1st Dist.] opinion issued in October 2105. It is styled, John Davis D/B/A J. D. House of Style v. National Lloyds Insurance Company. This is an appeal by Davis from a Judge’s ruling on a JNOV in…
Concurrent Causation Clauses
Dallas area insurance attorneys are most likely to see insurance companies argue “concurrent causation” in claims related to homeowners policies. The Claims Journal published an article discussing this topic in October of 2015. The title of the article is “Texas Supreme Court Upholds Anti-Concurrent-Causation Clauses In Property Policies.” The article…
Residential Premises And Fences
Arlington insurance attorneys, as well as all insurance attorneys might run across a situation that was seen in a recent 14th Court of Appeals opinion. The style of the case is Nassar v. Liberty Mutual Fire Insurance Company. This is an appeal from a motion of summary judgment in favor…
Hail Claims And Appraisal
Forth Worth lawyers handling hail damage claims need to read a recent opinion from the Amarillo Court of Appeals. The case is styled, In Re GuideOne National Insurance Company. The case involves two insurance claims: one for fire damage and another for wind or hail damage to property. The insurer…