The Insurance Journal published an article on an opinion issued by the Texas Supreme Court that will have an impact on all property owners in the State of Texas. The title of the article is, Texas High Court Sides With Policyholder In Ike Damaged Property Case. When is a fence…
Articles Posted in Interpreting An Insurance Policy
Homeowners Insurance Policy Coverage
Persons with homeowners insurance policies are in a better place today than they were before January 27, 2017. Insurance lawyers in Mason Texas, Menard, Junction, Grand Prairie, Arlington, Dallas, Fort Worth, and all over Texas need to celebrate a recent Texas Supreme Court opinion. The opinion is styled, Nassar v.…
Insurance Policies – Waiver And Estoppel
A problem for Kimble County insurance lawyers is knowing and being able to predict how a Judge will interpret an insurance policy. This topic is discussed in a State Bar of Texas, Insurance Section article. The article is titled, The Tentative Draft Of The Restatement (Third) Of Liability Insurance: How…
Interpreting An Insurance Policy
One of the first things Dallas and Fort Worth insurance lawyers want to do in an insurance case is to read the policy. The next thing would be to know how the courts interpret policies. A recent article from the State Bar of Texas, Insurance Section, is a must read…
Sell Me A Policy That Covers My Property
Read The Policy! This is what all insurance agents tell their clients. The insurance company agent is not responsible for telling you what is in the policy. This is illustrated in a 1983, Texas Supreme Court opinion styled, Parkins v. Texas Farmers Insurance Company. As a prerequisite to obtaining financing…
Definition Of Residence Premises In Homeowners Policy
For lawyers handling homeowners claims, a 14th Court of Appeals opinion needs to be read. The case is styled, American Risk Insurance Company, Inc. v. Veronika Serpikova. Veronika purchased a house in Houston (the Property). She purchased a policy to insure the house from American. At first, Veronika and her…
Policy’s That Exclude Drivers
One situation insurance lawyers see often is where a person is involved in an accident with another driver and the other driver is at fault. When it comes to making a claim against the insurance company for the other driver, you find out the other driver does not have coverage…
Vacancy Clause
Insurance lawyers dealing with homeowners claims will eventually see a situation similar to the one in this San Antonio Court of Appeals opinion. The case style is Lynn v. USAA Casualty Insurance Company and the opinion was issued in 1997. Mr. and Mrs. Lynn’s country home was insured by USAA. …
Covered Claims
Here’s one for an insurance lawyer to answer – What if I sell my house to someone and in the disclosure documents I fail to list many of the problems with the house? What if the buyers of the house sue me for fraud and negligent misrepresentations? Does my homeowners…
Insurance Claims And Emotional Distress
Damages and coverages available under an insurance policy will vary depending on the circumstances and policy language. As it relates to a claim for emotional distress, a 1994, 5th Circuit Court of Appeals case is a good read. The opinion is styled, Travelers Indemnity Co. v. Holloway. In this declaratory…