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…
Whenever an insured is sued, the insured must provide notice to the insurance company. Here is a case where the insured did not do so. The 2020, opinion is from the 14th Court of Appeals and is styled, Krystle D. Lewis, Individually and as Next Friend of Eliseo Lewis and…
To answer the question above, let’s first look at third parties. In the 1994, Texas Supreme Court opinion styled, Allstate Insurance Company v. Watson, the Court declined to let a third party tort claimant sue the tortfeasor’s liability insurer. The Court held that the third party could not sue as…
An intended beneficiary of an insurance policy may sue under the Texas Insurance Code for any resulting harm. This is made clear in the 1996, 5th Circuit Court of Appeals opinion styled, Palma v. Verex Assurance , Inc. After reviewing Texas cases and other Fifth Circuit cases, the court concluded…
Lawyers who handle insurance claims need to know how insurance and other related laws are interpreted by the Courts. The Texas Supreme Court made clear in its 1995 opinion styled, State Farm Life Insurance Co. v. Beaston, that the Insurance Code sections the Texas Deceptive Trade Practices Act (DTPA) were…
Most property insurance policies contain appraisal clauses. These clauses define a process for appraising the value of the damaged property, if the parties cannot agree. Common provisions call for each party to choose an appraiser. Those appraisers then choose a neutral third appraiser, called the umpire. If the parties or…
The San Antonio Court of Appeals issued an opinion in a case wherein the facts were similar to what happens all across the State of Texas in auto cases. The opinion is styled, Infinity County Mutual Insurance Company v. Michael Tatsch. This is a summary judgment opinion wherein the sole…
Here is a case that is seen frequently. It will be interesting to see if this is what all Federal Courts faced with this situation decide. This opinion is from the Northern District of Texas, Dallas Division, and is styled, Sharon Wihlenmaier v. Allstate Indemnity Company. Plaintiff filed her Original…
Interpreting an insurance policy is sometimes difficult at best. Different people will read the same words in an insurance policy and believe the words say different things. What is important to an insurance lawyer is how the Courts read and interpret insurance policies. The Northern District of Texas, San Angelo…
Insurance Lawyers who who handle claims made through Renters Insurance policies should know there is a new kind of renters insurance coming into the marker. Traditional Renters Insurance covers break-ins, thefts, floods, and various other types of claims to the personal property of a renter. The new kind of renters…