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;…
Dallas Fort Worth Insurance Lawyer Blog
Fort Worth – Delay In Paying Claim
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…
Life Insurance And Citizenship Status And ERISA
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…
Misrepresentation In Life Insurance Application
Dallas Texas life insurance lawyers will know this case and use it where necessary. The case is from 1938, and was issued by the El Paso Court of Appeals. It’s style is, National Life & Accident Co. v. Dickinson. This is a judgment case wherein National Life sued Vera Dickinson,…
Hail Claims In Texas
The Houston Chronicle published an article in February on a topic that lawyers who handle hail damage claims need to know about. The title of the article is, Insurers, Plaintiffs Lawyers Square Off In Austin Over Hail Storm Bill. Lobbyists representing insurance companies are pushing legislation they say will prevent…
What Is An Example Of Bad Faith Insurance?
Palo Pinto insurance lawyers know the above question can be difficult to answer. Each situation is different. The Stowers doctrine in the law is an example to look toward for some understanding. The heart of a Stowers claims is the 1929 decision in G. A. Stowers Furniture Co. v. American…
Life Insurance Policy – Misrepresentation And Cause Of Death
Dallas and Tarrant County life insurance lawyers should read this case from 1932. It is important to point out that this case has been disapproved by a later court but the idea behind the case is still relevant to arguing similar facts. The case is styled, First Texas Prudential Insurance…
Mason Life Insurance Lawyers
If you are a Mason County Texas life insurance lawyer, here is a 1967, Tyler Court of Appeals opinion you need to know. The opinion is styled, Southern Life & Health Insurance Company v. Gordon Grafton. This lawsuit resulted from the denial of life insurance benefits from Southern Life to…
What Is Part Of The Insurance Claim And What Is Not?
Rock Springs, Texas insurance lawyers would want to know about this Houston Division, Southern District case. The opinion was issued in January 2017, and is styled, JYC Enterprise Inc. v. Allied Property and Casualty Insurance, et al. In this case JYC sued Allied, its adjuster (Heller), and Bay Area Fire…
Homeowners Insurance Policy Coverage
Persons with homeowners insurance policies are in a better place today than they were before January 27, 2017. Insurance lawyers in Mason Texas, Menard, Junction, Grand Prairie, Arlington, Dallas, Fort Worth, and all over Texas need to celebrate a recent Texas Supreme Court opinion. The opinion is styled, Nassar v.…