Weatherford insurance lawyers who handle hail claims will tell clients that a hail damage insurance claim needs to be reported to the insurance company as soon as possible. This issue is discussed in a 2016, United States 5th Circuit Court of Appeals opinion. The opinion is styled, Hamilton Properties v.…
Dallas Fort Worth Insurance Lawyer Blog
Insurance Policies – Waiver And Estoppel
A problem for Kimble County insurance lawyers is knowing and being able to predict how a Judge will interpret an insurance policy. This topic is discussed in a State Bar of Texas, Insurance Section article. The article is titled, The Tentative Draft Of The Restatement (Third) Of Liability Insurance: How…
Insurance Company Failure To Pay Claim
What happens when an insurance does not pay a claim that it was suppose to pay? That issue is dealt with in the Texas Insurance Code by statute and by courts interpreting the statute. A particularly strict deadline for insurance companies is the requirement in Texas Insurance Code, Section 542.058(a)…
ERISA = No Jury Trial
Most people who find themselves in court like to think they are entitled to a jury trial. Claims against ERISA insurance policies is one of those places where a jury trial is not permitted. A recent Southern District, Houston Division opinion illustrates this. The opinion is styled, Deo G. Shanker…
Insurance And Unjust Enrichment
Do you own the property that is insured? That is a question that matters in an insurance claim. This is illustrated in a Southern District, Houston Division opinion issued in late 2016. The opinion is styled, Cynthia Banion V. Geovera Specialty Insurance Company and Rick Calvert. Cynthia sued Geovera to…
Abuse Of Discretion – ERISA
Dallas and Fort Worth lawyers who handle ERISA claims need to read this recent Eastern District of Texas, Sherman Division opinion. It is styled, Martha Shindoll v. United of Omaha Life Insurance Company. Shindoll had an ERISA plan through her employer that provided short and long term disability benefits. In…
Interpreting An Insurance Policy
One of the first things Dallas and Fort Worth insurance lawyers want to do in an insurance case is to read the policy. The next thing would be to know how the courts interpret policies. A recent article from the State Bar of Texas, Insurance Section, is a must read…
How Relevant Is a Misrepresentation
As most Llano insurance lawyers can tell someone, the answer to the titled questions is: It Depends! A 1976, Waco Court of Appeals opinion gives some guidance on an answer. The case is styled, Westchester Fire Insurance Company v. English. Posing as husband and wife when in fact they were…
Insurance Application Misrepresentations And Their Importance
Mason Texas insurance attorneys need to know a few basics about insurance law when discussing potential cases and the surrounding facts with a client. To begin with – When is a representation in an insurance application important? According to a line of cases, including (1) a 2014 federal case styled,…
Homeowners Insurance – Accident Or Intentional?
Lawyers in Mason Texas who handle insurance claims know that many accidents are covered by a persons’ homeowners insurance. But, intentional acts are not covered. The Claims Journal published an article discussing this issue in January 2017. The title of the article is, No Homeowner Liability Coverage For an Insured’s…