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…
Have you ever wondered if someone has left you an insurance policy you do not know about. The Los Angeles Times published an article in March 2017, that you might find interesting. It is titled, How To Score A Piece Of California’s $365 Million In Unclaimed Life Insurance Benefits. It…
The Texas Supreme Court issued an opinion in 2014, in a case styled, In Re National Lloyds Insurance Company. For insurance lawyers, this case discusses relevant discovery issues. This case involves allegations of underpaid insurance claims. In September 2011 and June 2012, storms swept through Cedar Hill and caused damaged…
Insurance lawyers in Menard, Junction, Mason, Fredricksburg, and Kerrville need to read this case from the Southern District Court, Houston Division. It is styled, Ruben N. Saenz, Individually and as Representative of the Estate of Decideria Saenz, Deceased v. Transamerica Life Insurance Company. This lawsuit arise out of the denial…
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…