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…
Dallas Fort Worth Insurance Lawyer Blog
When Is A Misrepresentation In An Insurance Application Not Material
The above question is usually not easy to answer. Aledo insurance lawyers need to read a 1976 case from the Waco Court of Appeals. The opinion is styled, Westchester Fire Insurance Co. v. English. Posing as husband and wife when in fact they were not married, a couple purchased a…
Specificity Of Claims Against An Adjuster
Tarrant County insurance attorneys will learn real fast that when asserting a claim against an insurance adjuster, the claim needs to be pled with specificity. This is illustrated in a recent case from the Southern District, McAllen Division. The opinion is styled, Ada Elizondo v. Great Lakes Insurance SE. et…
Stephenville Homeowner Lawyers
Stephenville homeowner lawyers need to read this opinion from the United States 5th Circuit Court of Appeals. The opinion is styled, State Farm Fire & Casualty v. Cedric Flowers. This is a appeal from a summary judgment granted in favor of State Farm in a declaratory judgement action. In 2008,…
Prompt Payment Of Claims And Appraisal
Does a violation of the Texas Prompt Payment of Claims Act survive an appraisal that is promptly paid? This issue is addressed in an opinion from the San Antonio Court of Appeals. The case is styled, Barbara Technologies Corporation v. State Farm Lloyds. Barbara Technologies had a policy of insurance…
Hail Claims And Trial
Hail damage claims often get resolved short of an actual trial. The Houston Court of Appeals [1st Dist.] issued an opinion on a trial from a District Court. The opinion is styled, Mark Groba v. German American Farm Mutual Insurance Company. After Hurricane Ike hit his area, Groba made a…
Filing Insurance Lawsuits
Insurance attorneys usually learn the hard way, the correct way to file lawsuits to stay out of Federal Court. Many times there is no way to stay out of Federal Court but when there is, it is usually to the client’s advantage to do so. A Southern District, McAllen Division…
Compliance With Insurance Policy Provisions
This Eastern District, Sherman Division opinion is good reading for how the courts look at an insured’s responsibility to comply with policy provisions in an insurance contract. The opinion is styled, Tommy Wilson v. Allstate Insurance Company. Wilson made a claim for damages to his home after wind and hail…
Suing The Insurance Adjuster
Most Llano insurance lawyers would prefer to stay out of Federal Court because Federal Courts tend to be more favorable to insurance companies. Suing the insurance company adjuster is one way to stay out of Federal Court. A Western District, Waco Division opinion shows one way to NOT sue…
Hail Claims – Cosmetic Damage
Hamilton insurance lawyers need to read this opinion from the Western District, Waco Division, Federal Courts. It is styled, Stephen Hahn v. United Fire and Casualty Company. Hahn filed this lawsuit against United Fire after United Fire refused to pay a hail damage claim submitted to them by Hahn. United…