When making a claim, what is required of the claimant? Here is some guidance. Pursuant to Texas Insurance Code, Section 542.051(4), there is no particular content required, as long as the claim “reasonably apprises the insurer of the facts relating to the claim.” The statute requires that the claim be…
Dallas Fort Worth Insurance Lawyer Blog
Life Insurance = Misrepresentation – 3
Life Insurance claims denial attorney are well aware of this 2023 opinion from the Texas Supreme Court. The opinion is styled, Arce v. American National Insurance Company. In the opinion the Texas Supreme Court discussed “intent.” American National argued that, because the Texas Legislature included the word “intent” in other…
Life Insurance Denial – Misrepresentation – 2
Life Insurance claims denial attorney are well aware of this 2023 opinion from the Texas Supreme Court. The opinion is styled, Arce v. American National Insurance Company. The Court discussed the plain text of Texas Insurance Code, Section 705.051 wherein it states: “a misrepresentation in an application for a life,…
Life Insurance Denial – Misrepresentation – 1
Life Insurance claims denial attorney are well aware of this 2023 opinion from the Texas Supreme Court. The opinion is styled, Arce v. American National Insurance Company. On April 28, 2023, the Texas Supreme Court held that a life insurer seeking to avoid a life insurance policy via a Texas…
Credit Life Insurance – Date Of Termination
Credit Life Insurance policies always list specific termination times. Here is a 1985, San Antonio Court of Appeals opinion that deals with credit life insurance and the issue of when the policy terminated. The opinion is styled, Eagle Life Insurance v. G.I.C. Insurance Co. This lawsuit was tried before the…
Life Insurance – Date Of Termination – Claims Denial Attorney
Credit Life Insurance is the type of policy at issue in this 1979 opinion from the Fort Worth Court of Appeals. The opinion is styled, Leach v. Eureka Life Insurance Company of America. Tommy Leach took out a loan from a bank and as part of the loan agreement, Tommy…
Force Placed Insurance Policies
Force Placed Insurance Policies are unique. The biggest thing to know about these policies is that their purpose is to protect the lender, not the homeowner. This is illustrated in a 2023 opinion from the Southern District of Texas, Houston Division. The opinion is styled, Peter Garcia v. Great American…
Life Insurance And More Than One Beneficiary – Life Insurance Claim Denial Attorney
Here is an unusual life insurance situation. It is an opinion from 1992. The opinion is from the Amarillo Court of Appeals and is styled, Ester Belle Medlin, Appellant v. Earnest G. Medlin, Floyd W. Medlin, Brenda E. Burford and Carolyn E. Medlin, Appellees. The question to be determined in…
Bad Faith Lawyers – Was There A Settlement Agreement
Here is a 2023 opinion from the Northern District of Texas, Dallas Division worth reading when it comes to determining whether the insurer and the insured have reached a settlement agreement. The opinion is styled, Brenda Kirby and Gary Kirby v. State Farm Lloyds’, Evan Kingery, and Kimberly Scholes. The…
Bad Faith Insurance And Claims Expert
Here is a case discussing bad faith insurance and a claims expert. This is an 2023 opinion from the Western District of Texas, San Antonio Division. The opinion is styled, PMJ Bleu Terre Management, LLC v. AmTrust Insurance Company of Kansas, Inc. AmTrust filed a Motion to Strike Expert, PMJ’s…