Uninsured and Underinsured motorist coverage is required to be provided in automobile insurance policies according to the Texas Insurance Code, Section 1952.101(b). However, this coverage can be rejected as long as the rejection is in writing, according to 1952.101(c). This coverage is designed to compensate injured persons who are legally…
Here a question for your insurance law attorney … If a car swerves into my lane and I drive off the road and wreck my car to avoid the accident, does my uninsured motorist (UM) policy cover the damages? Answer … NO! An auto policy includes within the definition of…
The Claims Journal published an article January 18, 2018. It is titled, Insured Must Obtain Settlement Consent Where Policies Require It. The article discusses a case from the 9th Circuit Court and looks at California law. However, Texas law has the same laws as it relates to coverage. The article…
Here’s one for Grand Prairie insurance lawyers handling uninsured motorist (UM) cases. It is from the Corpus Christi Court of Appeals and is styled, In Re Farmers Texas County Mutual Insurance Company. This case arose from a wreck with an UM driver. The real party in interest, Luzminda Llasos brought…
Insurance lawyers will see situations where there is a question whether or not the “uninsured motorist” (UM) provisions of a policy apply to provide coverage. An interesting case was heard in the Amarillo Court of Appeals dealing with this issue. It is styled, Jesse Salinas v. Progressive County Mutual Insurance…
Lawyers in the Dallas and Fort worth areas who handle underinsured motorist (UIM) cases need to read this 2017 opinion from the Texas Supreme Court. It is styled, Okelberry v. Farmers Texas County Mutual Insurance Co. Steven Okelberry and his wife, Patricia, had an auto policy with Farmers that provided…
Lawyers handling insurance disputes involving uninsured motorist (UM) coverage should already know the law discussed in a recent case from the Southern District, Houston Division. The case is, Eleazar Cantu, Jr. v. State Farm Mutual Automobile Insurance Company. Cantu was injured when he fell off a truck driven by an…
Insurance lawyers in Fort Worth and elsewhere need to read this case regarding settlement credits and under-insured (UIM) coverage. It is from the Houston Court of Appeals [14th Dist.]. It is styled, Farmers Texas County Mutual Insurance Company v. Okelberry, et al. Steven Okelberry and his wife, Patricia has UIM…
Mineral Wells attorneys who handle underinsured motorist claims need to read this Austin Court of Appeals opinion. It is styled, Johnson v. State Farm Automobile Insurance Company. This suit arises from a suit brought by Jerry Johnson seeking declarations construing the terms of two insurance policies following an automobile accident…
Most insurance lawyers know this – – that a first party uninsured motorist claim cannot litigate bad faith until there has been a resolution to the uninsured motorist (UM) part of the claim. This is illustrated in the February 2017, opinion from the 14th Court of Appeals styled, In Re…