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…
The San Antonio Court of Appeals issued an opinion in USAA Texas Lloyd’s Company v. John Doe and Jane Doe, and as next friends of XXX, a Minor. The case is an appeal from a motion for summary judgment in a declaratory judgment action filed by USAA seeking a declaration…
Insurance lawyers often will hear a story that goes like this. – I was involved in an accident last year. The other guy was at fault. I let my insurance company know about the wreck and then I found out that my insurance company paid the other guy. Can I…
Either the insurance company or the insured has a right to demand an appraisal in lots of property insurance contracts. The Waco Court of Appeals issued an opinion recently that discusses these appraisal clauses. The case is styled, In Re GuideOne Mutual Insurance Company. This case is a writ of…
This Eastern District, Sherman Division opinion is good reading for how the courts look at an insured’s responsibility to comply with policy provisions in an insurance contract. The opinion is styled, Tommy Wilson v. Allstate Insurance Company. Wilson made a claim for damages to his home after wind and hail…
There are several reasons an insurance company will deny coverage under an insurance policy. Probably the most common reason is due to a misrepresentation in the policy application. The second most common reason is based on exclusions or limitations in the policy. This makes reading the policy and comparing that…
Insurance lawyers need to understand how the Courts interpret insurance policies. The 1991, Texas Supreme Court opinion styled, National Union Fire Insurance Company of Pittsburgh, PA. v. Hudson Energy Company, Inc., is good reading on this subject. On May 23, 1980, Hudson, the president of Hudson Energy purchased a Cessna…
What do Texas Courts do when a policy is ambiguous? Guidance on the answer is provided in a 2009, Texas Supreme Court opinion styled, Progressive County Mutual Insurance Company v. Regan Kelley. Regan Kelley was struck by a car while riding her horse. Medical expenses for her injuries are alleged…
What if someone with the insurance company does something to cause you to believe you have coverage that you do not have? Mason County lawyers should read this 2008, Texas Supreme Court opinion. It is styled, Ulico Casualty Company v. APA. In this case, the court considered what has become…
Llano County insurance lawyers need to keep up with how the Courts interpret insurance policies. The 5th Circuit issued an opinion worth reading in 2016. It is styled, AIG Specialty Insurance Co. v. Tesoro Corp. In this case the 5th Circuit had to decide whether a subsidiary not designated as…