Most insurance lawyers already know the law regarding uninsured (UIM) claims and extra-contractual damages. A Dallas Court of Appeals opinion restates it. The opinion is, In Re Geico Advantage Insurance Company and Celia Stefl. This is a mandamus proceeding wherein the real party in interest, Marion Thorpe, sued Geico and…
Lawyers who handle uninsured and underinsured motorist (UM) cases need to read this 2016, Corpus Christi Court of Appeals opinion. The case is styled, In re Luna. In this UM case, the Court conditionally granted a petition for mandamus where the insured sought to obtain the deposition of State Farm’s…
An insurance law lawyer might be asked how uninsured motorist coverage works with workers compensation insurance. One way that it works is explained in a 2016, Austin Court of Appeals opinion. The opinion is styled Soledad v. Texas Farm Bureau. Soledad was a passenger in a vehicle owned and leased…
Attorneys handling uninsured / underinsured claims will find this article from the Claims Journal interesting. The law discussed in the article is Missouri law but Texas law is similar and the results would probably be the same in Texas. The article is titled, UIM Endorsement Doesn’t Cover Worker Injured While…
The Texas Supreme Court issued an opinion in October 2016, that needs to be read by Dallas and Fort Worth insurance lawyers. It is styled, Van K. Martin v. State Farm Mutual Automobile Insurance Company. This is a summary judgment appeal. Martin’s son was involved in an auto accident with…
Garner and Brock insurance lawyers who handle underinsured claims need to read this opinion from the Fifth Circuit Court of Appeals. The opinion is styled, Gaspar Gonzalez v. Philadelphia Indemnity Insurance Company. Gonzalez sued Philadelphia for underinsured motorist benefits after Philadelphia refused to pay the benefits because Gonzalez failed to…
Lawsuits involving claims for uninsured/underinsured (UIM) benefits are in their own little category for the way the courts handle them. This is illustrated in a 2016, Tyler Court of Appeals opinion titled, In Re: AAA Texas County Mutual Insurance Company. Vehicles driven by Thomas Jackson and Patricia Tompkins collided. Jackson…
Dallas insurance lawyers understand that a key to being able to help a client is understanding how courts interpret insurance policies. A 14th Court of Appeals opinion gives some insight. The style of the case is, Farmers Insurance Exchange and Allstate County Mutual v. Rodriguez. The following facts are undisputed.…
Insurance lawyers in Dallas and Fort Worth areas will often deal with uninsured motorist situations. Some of the situations are strange and the question becomes whether or not the uninsured motorist statutes in the Texas Insurance Code and actual provisions of policies apply to the fact situation being confronted. A…
Weatherford lawyers who sue insurance companies need to know how to stay out of Federal Court if they want to properly represent their clients. It cannot always be done but understanding the law in these matters is important. A U.S. Northern District, Dallas Division case is good reading on this…