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…
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…
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…
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…
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…
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,…
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…
Mason life insurance lawyers must understand that for an insurance company to prevail on a defense of misrepresentation, the insurer must prove the intent to deceive. This is discussed in a 2013, Dallas Court of Appeals opinion styled, Medicus Insurance Company v. Frederick Todd, II, M.D. Medicus provides medical malpractice…
Llano County life insurance lawyers need to know about this 1989, Corpus Christi Court of Appeals opinion. The case is styled, Maria C. Soto v. Southern Life & Health Insurance Company. Maria C. brought suit against the Southern Life to collect $4,000.00 in benefits as the beneficiary of a life…
Life insurance lawyers will eventually see a situation where a client has bought or sold a life insurance policy to or from a third party. Insurancenewsnet.com published an article dealing with this subject that is worth reading. The title is, 5 Key Questions Asked About Selling A Life Insurance Policy…