Fort Worth insurance lawyers need to be know this case. It is a 1972, Houston Court of Appeals [1st District] case styled, Latham v. Mountain States Mutual Casualty Company. Here is some of the relevant information. This is an appeal from a summary judgment granted in a suit for damages…
Articles Posted in Uninsured/Underinsured Coverage
What Does It Mean To Be Occupying A Vehicle
Weatherford insurance attorneys need to know the various ways courts look at what it means to be “occupying” a vehicle when making a claim for benefits by way of an auto insurance policy. One of those ways is discussed in the 1972, Fort Worth Court of Appeals case, Hart v.…
Written Consent To Settle
Dallas insurance attorneys have to understand one important provision in most auto insurance policies that provide uninsured and underinsured (UM) protection. That important provision is the requirement that the insured party obtain written permission from the UM provider before the insured party settles with a responsible third party. This requirement…
What Is An Accident?
Fort Worth lawyers need to be able to answer the above question properly when dealing with a coverage issue in an insurance policy. Here is what the Texas Supreme Court said in a 1999 case. The style of the case is, MidCentury Insurance Company of Texas v. Lindsey. Here is…
Pain & Suffering?
Dallas insurance attorneys need to read this Corpus Christi Court of Appeals opinion regarding pain and suffering in an injury case. The opinion was issued in September of 2013, in the case styled Schaffer v. Nationwide. This was a claim for underinsured motorist benefits. Here is some relevant background information.…
Uninsured Motorist Protection – When Does It Apply?
Weatherford insurance lawyers need to be able answer the above question. The problem with an answer is that, depending on the situation it is difficult to know when coverage will apply to a request for coverage for uninsured motorist protection. In 2008, the Texas Supreme Court issued an opinion in…
The Contact Rule For Uninsured Motorist Coverage
Dallas insurance lawyers should be aware of the “contact rule” as it relates to uninsured motorist coverage on an automobile. A 1972 case styled, Latham v. Mountain States Mutual Fire Insurance Co is a good example of how the “contact rule” works. This case comes from the Houston Court of…
Under What Circumstances Does Uninsured Motorist Pay?
Dallas insurance lawyers need to be able to discuss this question with clients. The Texas Insurance Code, Section 1952.104(3) says: ….. required that, for the insured to recover under the uninsured motorist coverage if the owner or operator of any motor vehicle that causes bodily injury or property damage to…
Uninsured Case
Insurance attorneys, including those handling injury claims will be both glad and sad to know about a recent case out of the Corpus Christi Court of Appeals. The case is styled, Lilly Helene Schaffer, M.D., v. Nationwide Mutual Insurance Co. and Nationwide Property and Casualty Co. The opinion was issued…
When Does Uninsured / Underinsured Coverage Kick-In?
Dallas insurance attorneys need to know when uninsured / underinsured coverage is available as a benefit. The Texas Supreme Court case United States Fidelity and Guarantee Company v. Goudeau, which is an opinion issued in 2008, is a good reference. Here are some relevant points of the case. One can…