Llano County insurance lawyers need to know how the Prompt Payment of Claims Act works in situations where an appraisal clause is invoked. An example is found in a Western District, Austin Division opinion styled, Thomas Cheski v. Safeco Insurance Company of Indiana. On April 10, 2016, Cheski experienced severe…
Hail damage lawsuits can be tough when in Federal Court. Special attention has to be given to the way the lawsuit is drafted. This is illustrated in a 2017, opinion issued by the Northern District, Dallas Division. The case is styled, McKinney Square Properties No. 1 Ltd. v. Seneca Insurance…
Texas Hill Country life insurance lawyers will tell you that a life insurance policy has to be read carefully. This even means that the initial application has to also be read very carefully. This is illustrated in a 1999, San Antonio Court of Appeals opinion. The opinion is styled, Carolyn…
The above questions get some attention in a 1994, Texas Supreme Court opinion styled, Celtic Life Insurance Co. v. Coats. The insured’s owner met with a soliciting agent of Celtic to discuss buying insurance. The owner advised the agent that he wanted a policy providing benefits for psychiatric care equal…
For those insurance lawyers handling flood claims, a Corpus Christi Court of Appeals opinion issued in 2017, is a must read. It is styled, Housing & Community Services, Inc. and HCS 401, LLC D/B/A Lantana Square Apartments v. Texas Windstorm Insurance Association. This is an appeal in favor of TWIA…
Many insurance lawyers representing claimants want to avoid Federal Court due to the procedural rules and the court’s interpretation of those rules. These rules and their interpretation generally work in favor of the insurance companies which is why insurance companies always want a case in Federal Court and why lawyers…
Coastal Texans – you have to know your flood insurance policies. This is perfectly illustrated in a 2016, Southern District, Galveston Division, opinion. It is styled, Lobeck v. Licatino, et al. The case was decided on a summary judgment. In a nutshell, Lobeck bought property that, unknown to her, was…
Granbury life insurance lawyers need to read this 1975, Texas Supreme Court opinion. It is styled, Johnson v. Prudential Insurance Company of America. This is a suit to collect benefits under a group life insurance policy. Prudential resisted payment based on their assertion that the deceased willfully deceived the company…
How long does an insurance company have to discover and assert the defense of misrepresentation? This is discussed in a 2008, Amarillo Court of Appeals opinion styled, Myers v. Mega Life and Health Insurance Company. Myers filed suit based upon an insurance contract issued by Mega Life. In addition to…
The Galveston Court of Appeals issued an opinion in 1938 that is still good law. The case is styled, Texas State Life Insurance Company v. Freeman Barton. This is an appeal from a trial to the Judge wherein Texas State was ordered to pay the life insurance proceeds to the…