A 2017, opinion from the Northern District, Dallas Division, is an example of how not to sue an adjuster to keep a case out of Federal Court. The opinion is styled, Hutchins Warehouse Limited Partners, v. American Automobile Insurance Company, et al. Hutchins sued American and their adjuster in State…
The Fort Worth Court of Appeals issued an opinion in February 2017, that is good reading for insurance lawyers. It essentially points out in a case, what was not done correctly. The opinion is styled, Seim v. Allstate Texas Lloyds. This is claim against a homeowners policy issued by Allstate…
Most insurance lawyers know this – – that a first party uninsured motorist claim cannot litigate bad faith until there has been a resolution to the uninsured motorist (UM) part of the claim. This is illustrated in the February 2017, opinion from the 14th Court of Appeals styled, In Re…
An article ran in February 2017, that explains why people need experienced insurance lawyers to help with their insurance claims. The article is titled, State Can’t Help With Most Unpaid Insurance Claims. The Texas Department of Insurance claims it can help resolve complaints against insurance companies and boasts of helping…
The above question comes up more often than it should. The short answer is no. A 2000, San Antonio Court of Appeals case styled, Nwaigwe v. Prudential Property & Casualty Insurance Company, discusses the agent’s responsibility. Moses Nwaigwe sued Prudentail and its agent, William Eckert for failing to disclose a…
All insurance lawyers need to know what happens to a claim when an insurance company becomes insolvent. Insolvency to an insurance company is the same as bankruptcy to other companies and individuals. So what effect is this to policy holders? Companies that write insurance policies in the State of Texas…
The Insurance Journal published an article on an opinion issued by the Texas Supreme Court that will have an impact on all property owners in the State of Texas. The title of the article is, Texas High Court Sides With Policyholder In Ike Damaged Property Case. When is a fence…
To sue an insurance company, a person must have “standing.” Texas is not a direct action state. In other words, when Fred and Ted collide in their cars, the resulting lawsuit is styled Fred vs Ted, and their respective liability insurers are not named parties. Fred can’t sue Ted’s insurer;…
The Fort Worth Court of Appeals delivered an opinion in 2006, that is relevant to all insurance lawyers in Texas. The case has to do with who can assert a claim under the Texas Prompt Payment of Claims Act. The opinion is styled, American National Fire Insurance Company v. Hammer…
Llano life insurance agents need to know about this case from the United States 5th Circuit. It is a 2011 opinion styled, Araceli Medina Garcia v. American United Life Insurance Company. Araceli’s husband, Salvador, died in a car accident. He had a policy with American through his employer. The policy…