When it comes to claims dealing with automobile policies, here is a case that needs to be read. It is a 2019, opinion from the Texarkana Court of Appeals and is styled, Alan Kiely v. Texas Farm Bureau Casualty Insurance Company. Kiely sued Farm Bureau in an effort to recover…
Insurance lawyers know that almost all insurance policies require that an insured provide to the insurance company, prompt notice of a claim. The purpose of this prompt notice requirement is to allow the insurance company to investigate the claim while the facts of the claim are fresh. However, if the…
Interpreting the number of accidents or occurrences that are covered by a policy can be confusing. The State Bar of Texas, Insurance Law Section, Insurance Journal, published an article titled, Texas Law And The Restatement Of The Law Of Liability Insurance: An Initial Comparison Of Blackletter Principles. This article dedicates…
Insurance lawyers understand that an insured has an obligation to cooperate with the insurance company investigation of a claim. This topic is briefly discussed in an article published by the State Bar of Texas, Insurance Section Journal. The article is titled, Texas Law And The Restatement Of The Law Of…
The subject of anti-assignment clauses was discussed in an article published in the State Bar of Texas, Insurance Section, Journal. The article is titled “Texas Law And The Restatement Of The Law Of Liability Insurance: An Initial Comparison Of Blackletter Principles.” The article is lengthy and a good read for…
The issue of whether or not punitive damages are covered under a liability policy is very important in a case where punitive damages are being sought by an injured party. The State Bar of Texas, Insurance Section, published an article discussing this issue. The article is titled, Texas Law And…
Here is an opinion from the Fort Worth Division, Northern District of Texas, that discusses insurance policy interpretation. The opinion is styled, Suzann Ross v. Hartford Lloyd Insurance Company. Ross had homeowners insurance coverage with Hartford and suffered a windstorm loss. Ross made a claim for benefits and Hartford adjusted…
The title of this blog topic should be “Insurance Company Gone Wacko”. The case at issue here is from the Fifth Circuit Court of Appeals. It is styled, Frederking v. Cincinnati Insurance Company. This case involves Frederking being injured by an insured of Cincinnati who was intoxicated at the time…
Insurance policies need to be read carefully and complied with. The reason is that most times the courts are going to enforce the insurance policy provisions. This is illustrated in a 2019 opinion from the Southern District of Texas, Galveston Division. The case is styled, Benjamin Ford, et al v.…
The Fifth Circuit Court of Appeals issued an opinion on November 14, 2018, in a situation which is going to be rarely seen, but is something for insurance lawyers to know exists. The case is styled, Sentry Select Insurance Company v. Lorena Munoz, Individually and on behalf of the Estate…