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,…
Insurance attorneys always have to answer the above question when looking at an insurance policy case. This issue is discussed in the 1972 case from the Texarkana Court of Appeals styled, Doss v. Roberts. This suit involves the division of monies received from the sale of land found not to…
Insurance lawyers will tell their clients to read the insurance policy and then the attorney can discuss with the client how courts interpret the language in the policy. A 2018, opinion from the Southern District of Texas, Corpus Christi Division, styled, Mark Eller V. United Property & Casualty Insurance Company,…
Most people would agree that reading legal papers can be confusing. As it relates to life insurance policies the law in favor of the insured. This is illustrated in the Houston [14th Dist.] Court of Appeals opinion, Parchman v. United Liberty Life Insurance Co., a 1982 opinion. The Parchman case…
Dallas insurance attorneys will want to read this 2018, opinion from the San Antonio Court of Appeals. It is styled, Avalos v. Loya Insurance Company. The case discusses in depth the “eight corners rule” and how courts look at this rule in determining whether or not an insurer has a…
Coverage for punitive damages are not always covered in an insurance policy. This issue came up in the 2018, case styled, Richard Brett Frederking v. The Cincinnati Insurance Company, Inc. The case is from the U.S. District Court, Western District of Texas, San Antonio Division. This is a summary judgment…
When an insurance attorney gets a new client on an insurance related claim, one of the first things he wants, is a copy of the policy to read. And when he reads the policy, he wants to know what the exclusions are that are in the policy. The basic form…
Lawyers who handle commercial insurance claims can tell you that the most common type of commercial property insurance is the Building & Personal Property Coverage Form. The Building & Personal Property (BPP) coverage form is the most commonly used policy to insure commercial buildings and contents. Covered perils for the…
What is the difference between replacement cost and actual cash value. Knows the difference can mean many thousands of dollars on a claim. Pursuant to the 1998, Austin Court of Appeals opinion styled, Great Texas County Mutual Insurance Co. v. Lewis, “replacement cost” is when the insurer pays the insured…