Here is a 2020, case from the Eastern District of Texas, Sherman Division, that has an interesting twist. The case is styled, Jennifer Hamorsky v. Allstate Vehicle and Property Insurance Company and Charmell King. In this case, Jennifer sustained hail and wind damage to her home as the result of…
Here is an opinion from the Texas Supreme Court that was issued in April 2020. This opinion deals with how an appraisal clause is handled when the appraisal clause is unilateral. The style of the case is Steven Biasatti and Paul Gross D/B/A TopDog Properties v. GuideOne National Insurance Company.…
How much should a person be compensated when their vehicle is declared a total loss? A better question is – what are the elements that make up the total amount to be compensated? This issue is discussed in a 2020 opinion from the United States Fifth Circuit. The opinion is…
For Insurance Lawyers, Covid-19 has become a hot topic. Hardly a day goes by that a client is not asking questions regarding their insurance policy and whether or not the policy covers losses stained due to Covid-19. The National Law Review published an article recently that needs to be read…
When it comes to interpreting an insurance policy, the Courts are suppose to read the relevant portions of a policy and see how the policy language tracks with whatever the facts are in a claim. Many claims are denied due to the insurance company believing the policy says something or…
Insurance lawyers will always ask for a copy of the policy when an insured complains that their claim for benefits has been denied and the reason for denial is based on the language in the policy. In Texas, insurance companies are required to explain to a policy holder the reason…
Insurance lawyers know that a party must have an insurable interest in the insured property to recover under an insurance policy. This is made clear in the 1993, Dallas Court of Appeals opinion styled, Jones v. Texas Pac. Indem. Co. It is not necessary that the party owns the property…
Understanding how insurance policies are interpreted by the courts is one of the more important aims of an insurance law attorney. Here is some more information to be kept in mind. An insurance policy is a contract, generally governed by the same rules of construction as all other contracts. This…
Knowing how to interpret an insurance policy is vital for insurance attorneys attempting to help clients with insurance disputes. Knowing how to do this, is to know how courts interpret insurance policies. One issue frequently faced by courts is the source of meaning to be given to words. At least…
Here is a 1974, opinion from the 14th Court of Appeals that is still good law today. The opinion is styled, Janice Sue Milton v. Preferred Risk Insurance Company et al. This is a lawsuit to recover benefits under the uninsured motorist provisions of an automobile policy. The question for…