Parker county insurance lawyers will see lots of homeowners claims resulting from hail damage claims. When this occurs and the insurance company does not want to pay the claim and a lawsuit is filed, the likely result is the insurance company trying to have the case heard in Federal Court. …
ERISA lawyers can tell you how important the administrative record is when fighting adverse determinations in ERISA cases. This is illustrated in a 2017 case from the U.S. District Court, Southern District of Texas, Houston Division. The opinion is styled, Elaine Wilson v. Blue Cross and Blue Shield of Texas.…
Exhausting administrative remedies is the law when it comes to ERISA claims. This is again illustrated in a 2017 opinion from the U.S. 5th Circuit. The opinion is styled, Memorial Hermann Health System v. Southwest LTC, Limited Employee Benefits Plan; Southwest LTC, Limited. Memorial sued Southwest seeking payment of medical…
There are several reasons an insurance company will deny coverage under an insurance policy. Probably the most common reason is due to a misrepresentation in the policy application. The second most common reason is based on exclusions or limitations in the policy. This makes reading the policy and comparing that…
It’s bad enough when private insurance companies mistreat life insurance beneficiaries but an April 2017, story from the Chicago Tribune shows that the U.S. Government does the same thing. The story is titled, USPS Agrees To $49 Million Settlement For ‘Dawdling” In Paying Life Insurance Beneficiaries. It’s bad enough for…
Life insurance lawyers know about Texas Insurance Code, Section 1103.151. Also known as the Texas Slayer Statute, it states: A beneficiary of a life insurance policy or contract forfeits the beneficiary’s interest in the policy or contract if the beneficiary is a principle or an accomplice in wilfully bringing about…
Experienced insurance law lawyers in Hamilton, Texas, know the above is true. This obligation is illustrated in a 2017, hail damage claim opinion out of the Southern District, Houston Division. The opinion is styled, Metro Hospitality Partners, Ltd., d/b/a Crowne Plaza Hotel v. Lexington Insurance Company. When a business sues…
Insurance lawyers need to understand how the Courts interpret insurance policies. The 1991, Texas Supreme Court opinion styled, National Union Fire Insurance Company of Pittsburgh, PA. v. Hudson Energy Company, Inc., is good reading on this subject. On May 23, 1980, Hudson, the president of Hudson Energy purchased a Cessna…
For Texas insurance lawyers, here is a new opinion from the Texas Supreme Court. It is styled, Menchaca v. Texas Lloyds. This claim arises from an insured’s claim for losses sustained during Hurricane Ike. The insured sued USAA for (1) breach of contract and for (2) Unfair Settlement Practices under…
What do Texas Courts do when a policy is ambiguous? Guidance on the answer is provided in a 2009, Texas Supreme Court opinion styled, Progressive County Mutual Insurance Company v. Regan Kelley. Regan Kelley was struck by a car while riding her horse. Medical expenses for her injuries are alleged…