Texas insurance lawyers know insurance companies always want to wage litigation in Federal Court. A recent case illustrates this. The case is from the U.S. District Court, Northern District of Texas, Dallas Division. The style of the case is Clear Vision Windshield Repair, LLC v. Allstate Fire and Casualty Insurance…
Articles Posted in Value of Claim
Offer And Acceptance
Irving insurance lawyers need to be able to discuss with clients when offers of settlement should be accepted and how to accept the claim. A good illustration of this is found in a 2015, Houston Court of Appeals [1st. Dist.] opinion. It is styled, Kamisha Davis v. Texas Farm Bureau…
Notice To An Insurance Company Before Filing A Lawsuit
Saginaw insurance lawyers have to know the requirements to filing a lawsuit against an insurance company. The company is entitled to a pre-suit notice and failing to give notice can result in the case being thrown out of court. Just sending a letter is not good enough. There are requirements…
Proving Hail Losses The Wrong Way Or Not At All
Fort Worth insurance attorneys who handle hail damage claims need to know how “not” to handle the claim. A US Northern District case from the Dallas Division is worth reading to know what courts are looking for in a lawsuit. It is a 2014 opinion styled, Stevenson v. Nationwide. Stevenson…
How Are The Policy Limits Paid?
An insurance attorney in Grand Prairie will run across a situation where a loss has been the result of multiple causes. When this happens, how are the policy limits determined is a question that needs to be answered. All situations are different and each case needs to be examined on…
Lawsuits And Attorney’s Fees
Tarrant County insurance lawyers need to know how to recover attorney’s fees in an insurance and DTPA lawsuit. The 1997, Texas Supreme Court case styled, Arthur Andersen & Co. v. Perry Equipment Corp. provides some guidance in that regard. Here is some of the relevant information from that case. Perry…
Uninsured Motorist Coverage And Punitive Damages
Weatherford insurance lawyers need to be able to discuss the coverages available to a client, depending on the circumstances they are dealing with as described by the client. When it comes to uninsured motorist coverage, the Houston Court of Appeals [14th Dist.] issued an opinion in 1997, that is still…
Standard For Punitive Damages In An Insurance Claim
Arlington insurance lawyers need to know what to look for in a case to determine how likely it is to achieve punitive damages. A 1998, Texas Supreme Court opinion sheds some light on how the court looks at punitive damages evidence. The style of the case is, State Farm Fire…
When Are Punitive Damages Available
Fort Worth insurance lawyers need to be able to discuss with clients, the situations wherein punitive damages may be part of a claim. A 2008, 5th Circuit Court of Appeals opinion discusses one aspect of these punitive damages. The style of the case is, American International Specialty Lines Inc. Co.…
Mental Anguish Claim And Worry
Any Dallas insurance attorney can tell you that mental anguish can be a part of an insurance bad faith claim. The key to keep in mind is the evidence necessary to show a person eligible to recover for mental anguish. This was explained in part by the 1996, Texas Supreme…