Texas attorneys who handle insurance claims will find an article from the Texas Tribune to interesting. The article published on November 3, 2016, and is titled, Texas Insurer Drops Push To Let Homeowners Forgo Right To Sue. The Texas Farm Bureau has dropped a proposal that would have allowed its…
Dallas Fort Worth Insurance Lawyer Blog
Uninsured / Underinsured Coverage
Attorneys handling uninsured / underinsured claims will find this article from the Claims Journal interesting. The law discussed in the article is Missouri law but Texas law is similar and the results would probably be the same in Texas. The article is titled, UIM Endorsement Doesn’t Cover Worker Injured While…
What Proves Bad Faith?
For insurance lawyers, the above question captures the ultimate question. Most cases do not involve bad faith. They are simple breaches of the insurance contract. The Northern District, Dallas Division discussed the law in a recent opinion. The opinion is styled, Yasser Alhamzawi v. Geico Casualty Company. This is a…
Bad Faith And Claim Denial
Bad faith attorneys need to know when bad faith in insurance occurs and when it does not. A 1995, Texas Supreme Court case is worth reading. It is styled, Republic Insurance Co. v. Stoker. The Stokers were involved in a chain reaction car wreck caused by an unidentified pickup truck…
Life Insurance Lawyers
Life insurance lawyers need to know this 2008, 5th Circuit opinion. It is styled, Liu v. Fidelity and Guaranty Life Insurance Company. The importance of this opinion is the court stating that warranties are not favored in life insurance policies. Liu filled out a life insurance application which stated that…
Federal Court Pleadings And Remand – The Opposite
Palo Pinto County insurance attorneys know the insurance companies want to litigate their cases in Federal Court. Insurance attorneys representing individuals and small businesses know they can often times get a better result for their clients in State or County Court. Another U.S. McAllen Division opinion discusses the same issue…
Federal Court Pleadings And Remand
Parker County insurance attorneys know that it is best for their clients to try and keep their case in State or County Court. The insurance lawyers know it is best to get their case in Federal Court. The U.S. McAllen Division had a case where the argument on this issue…
Read The Insurance Policy?
A Weatherford insurance lawyer will always tell you “read the policy” or risk losing on a case where you otherwise thought you had coverage. A recent case may change that advice, depending on the facts. When a plaintiff fails to read an insurance policy, they usually don’t have much of…
ERISA And Statute Of Limitations
Parker County lawyers know that insurance policy’s have to be read. Otherwise the result in a U.S. Eastern District of Texas case, can be the result. The case is styled, Rita Jones v. Hartford Life and Accident Insurance Company et al. This was a Rule 12(b)(6) Motion to Dismiss filed…
Properly Suing The Adjuster
Grand Prairie insurance lawyers need to read this case for seeing one way to properly sue an insurance company adjuster. The case is from the U.S. Western District, Del Rio Division. It is styled, Alfonso Gaytan and Tere Gaytan v. State Farm Lloyds and Alberto Garza. This litigation arises out…