An “insurable interest” exists when the insured derives a pecuniary benefit or advantage by the preservation and continued existence of the property or would sustain a pecuniary loss from its destruction, according to the 1993, Dallas Court of Appeals opinion, Jones v. Texas Pacific Indemnity Co. In the 1986, Tyler…
Commercial property insurance includes all forms of insurance covering property loss exposures of both business and non-profit organizations. The most common commercial property coverages are provided under standard forms developed by Insurance Services Office, Inc. (ISO) or the American Association of Insurance Services (AAIS). In many instances, an organization’s property…
Dallas and Fort Worth area insurance lawyers need to read this November, 2017, opinion from the San Antonio Court of Appeals. It is styled, Farmers Texas County Mutual Insurance Company v. Zuniga. Zuniga was walking to school and struck by a car driven by Christopher Medina. Zuniga sued Medina for…
An insurance contract will impose conditions on the insured person or entity. For example, most policies require that the insured give notice of the claim and cooperate with the insurance company. Policies may require that the insured file a formal proof of loss, if the insurer requests one. When one…
Lawyers handling car wreck cases would be especially interested in this 2017 opinion from the Texas Supreme Court. It is styled, Farmers Texas County Mutual Insurance Company v. Jennifer L. Zuniga et al. This is an appeal from the granting of a summary judgment in favor of Zuniga wherein Farmers…
The San Antonio Division, Western District, issued an opinion dealing with rebuild costs under a homeowners policy that insurance attorneys need to read. It is styled, Kirk McClelland and Tamre McClelland v. Chubb Lloyd’s Insurance Company of Texas, and Robert Lynn Pritchard. This is a dispute over coverage and the…
As in all insurance policies, the language used in the policy will be used in enforcing and interpreting the policy. In the 2003, Texas Supreme Court opinion, Provident Life and Accident Insurance Co. v. Knott, the court read the policies in question defining the term “total disability” to mean that…
Insurance attorneys need to read an August 2017, opinion from the 14th Court of Appeals. It is styled, Tiffany Falkenhagen Thompson v. Geico Insurance Agency, Inc. Texas Personal Automobile Policy’s require the policyholder to notify the insurer of the policyholder’s acquisition of a replacement vehicle for the coverage to extend…
Insurance lawyers who handle home owners claims need to read this opinion from the 14th Court of Appeals. It is styled, Ron Pounds v. Liberty Lloyds of Texas Insurance Company. This case concerns whether an insurer waived appraisal of a homeowner’s insurance claim by denying it. A summary judgment in…
When two events combine to cause damage, one being covered and the other not covered, issues arise regarding whether the loss is covered, and who bears the burden of proof to allocate causation between the covered cause and the excluded cause. In the San Antonio Court of Appeals case, Wallis…