For most lawyers practicing insurance law, the above question may be obvious. But there are situations where it is not so obvious and even though one may assert the act of agency, it is not. A Houston Court of Appeals [14th Dist.] opinion illustrates a situation where the alleged agent…
An insurance lawyer wants to be able to know when an agent can be held liable for his actions in selling an insurance policy. A Houston Court of Appeals [1st Dist.] looked at this issue in 2003. The style of the case is, Vecellio Insurance Agency v. Underwriters Insurance Company.…
For lawyers handling homeowners claims, a 14th Court of Appeals opinion needs to be read. The case is styled, American Risk Insurance Company, Inc. v. Veronika Serpikova. Veronika purchased a house in Houston (the Property). She purchased a policy to insure the house from American. At first, Veronika and her…
Any insurance lawyer who has filed very many lawsuits knows that one key to helping their client have a good result is to be able to keep their case out of Federal Court. One way of doing this is by properly suing the claim adjuster. One successful way of doing…
Most insurance lawyers already know the law regarding uninsured (UIM) claims and extra-contractual damages. A Dallas Court of Appeals opinion restates it. The opinion is, In Re Geico Advantage Insurance Company and Celia Stefl. This is a mandamus proceeding wherein the real party in interest, Marion Thorpe, sued Geico and…
Whether an insurance plan falls under ERISA (Employee Retirement Income Security Act) or not, is a question routinely asked. However, it is not a question easily answered. A Southern District, Galveston Division opinion helps. The opinion is styled, Kirstin Walker v. Regence Blue Cross Blue Shield of Texas. The is…
Lawyers who handle ERISA (Employee Retirement Income Security Act) claims need to read this opinion from the U. S. Western District, Austin Division. The opinion is styled, Genevie Ilene Maley, et al. v. Minnesota Life Insurance Co. In this case, the insured had, at various times named two beneficiaries. When…
Lawyers who handle hail damage claims understand all too well that in Texas the law regarding concurrent cause is against home owners. But there may be light at the end of the tunnel. An article in The National Law Review is encouraging. The article is titled “Florida Property Insurers Must…
Insurance attorneys have to have an understanding of how warranties work. Sometimes it is hard to tell the difference between insurance and a warranty. An article in the Insurance Journal about Allstate purchasing a warranty company shows how the two can be connected. The title of the article is “Allstate…
Life insurance attorneys can tell you that the life insurance application is very important. This is illustrated in a 1997, United States 5th Circuit opinion. The case is styled, Riner v. Allstate Life Insurance Company. Following his divorce in 1994, Mr. Marriott wanted to replace his life insurance policy, which…