An insurance lawyer is frequently asked about whether or not attorney fees can be recovered by a successful claimant. The short answer is “yes.” But only if you give proper notice. This issue is discussed in a 2023 opinion from the Southern District of Texas, Houston Division. The opinion is…
Here is a 1980, Texas Supreme Court opinion wherein the Court found no bad faith and in fact found in favor of the insurance company. The opinion is styled, Life Ins. Co. of the Southwest v. Overstreet. This was an unusual case in that the dispute was over whether or…
When experts are needed in a homeowners claim, it is good to see how courts look at experts. The United States District Court for the Western District of Texas, San Antonio Division, issued an opinion on July 1, 2022, that deals with experts. The opinion is styled, FB & SB…
Insurance lawyers need to be keeping up with the way courts are interpreting the new Texas Insurance Code, Section 542A. This is discussed in this 2021 opinion from the Northern District of Texas, Amarillo Division. The opinion is styled, Ashlee Green v. Allstate Vehicle and Property Insurance Co. Here, Plaintiff…
Insurance policy language and the Facts of a situation have to be read together to determine whether or not coverage applies to a claim. Here is a 2021, opinion from the Southern District of Texas, Houston Division, that originates from a claimed pipe burst and the insurance company denial of…
Being the person or entity that purchased the insurance policy does not mean that you cannot still make a claim under the policy and thus, sue if necessary. The Texas Insurance Code grants standing to “persons”, the Texas Deceptive Trade Practices Act (DTPA) gives standing to “consumers.” A consumer is…
Almost all insurance contracts contain appraisal clauses. These clauses are discussed in a January 2020 opinion from the Southern District of Texas, McAllen Division. It is styled, Erasmo Gonzalez v. Allstate Texas Lloyds. In this case, the Court had urged the parties to discuss appraisal early in the case and…
Most insurance lawyers understand the distinction between “personal jurisdiction” and “subject matter jurisdiction”. A recent case from the Northern District of Texas, Dallas Division, explained the difference. The case is styled, Yakimas Payne, Carmenisha Payne, and Mar’Keyona Ford v. Government Employees Insurance Company. The Plaintiffs sued GEICO in State Court…
The law office of Mark S. Humphreys, P.C. is pleased to announce the settlement of a case involving a Credit Life & Disability policy. Mark’s client was the wife of a man who had died and she was the beneficiary named on the policy. The policy, a Credit Life &…
Whether you are an attorney in a small town like Hamilton or Evant Texas or the Dallas Fort Worth metropolitan area, life insurance lawyers can tell you that the most common reason claims for life insurance benefits being denied is that there was a misrepresentation in the policy application. A…