For Experienced Insurance Lawyers, the question of who has the burden of proof is made clear by Texas case law. (Not) Pursuant to the 1994, San Antonio Court of Appeals opinion, Telepak v. United Serv. Auto. Ass’n., the insured has the initial burden of proof as to damages covered by…
Insurance lawyers will often get calls wherein the person on the other end of the line is explaining to the lawyer that his insurance company wants to perform an examination under oath (EUO) of them before going any further with the claim. And the question is, “Do I have to…
Many 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 chose a neutral third appraiser, called an umpire. If the parties or…
Many times a person comes to an Experienced Insurance Law Attorney complaining that their insurance company has not paid anything on their claim. While most insurance companies take the claims call then go out and evaluate / adjust the claim and then make payment, they are not required to do…
When making a claim against an insurance policy, knowing what the policy says is important to an insurance attorney. Virtually all policies have as a condition to payment, the requirement that you cooperate with their investigation of the claim. The 1994, Texas Supreme Court opinion styled, Hernandez v. Gulf Group…
Insurance policies have to be read carefully by an insured and by the insurance law lawyers who want to help the insured. This is illustrated in an Austin Court of Appeals case styled, Progressive County Mutual Insurance Company v. Edwin Emenike. This is a summary judgment case granted in favor…
In places like Weatherford, Texas and Mineral Wells, Texas, knowing about animal exclusions in insurance policies is important. Areas that are rural are usually more inclined to have people who own animals of one type or another. Dogs may be particular to more urban areas but in the rural areas…
Like other contract rights, the right to insurance proceeds can be assigned, giving the assignee the right to recover under the policy. This issue is discussed in the 1968, Texas Supreme Court opinion styled, McAllen State Bank v. Texas Bank & Trust Company, Trustee. Texas Bank claimed proceeds of a…
If a person or entity is not a named beneficiary, can they be an intended beneficiary? Other persons who may sue for benefits under an insurance contract are “intended beneficiaries” also known as “third party beneficiaries.” A third party for whose benefit an insurance contract is made may enforce the…
An additional insured is a party protected under an insurance policy, but who is not named within the policy. A common example of an additional insured is a person who, although not specifically named, is covered under a liability policy by a definition of “insured” that extends protection to interests,…