Garner and Brock insurance lawyers who handle underinsured claims need to read this opinion from the Fifth Circuit Court of Appeals. The opinion is styled, Gaspar Gonzalez v. Philadelphia Indemnity Insurance Company. Gonzalez sued Philadelphia for underinsured motorist benefits after Philadelphia refused to pay the benefits because Gonzalez failed to…
The Houston Division, Southern District issued an opinion on September 10, 2016, styled AXA Art America’s Corporation V. Public Storage that serves as a good example how a person has to read what they are signing. AXA’s contract with Public Storage is similar to what happens in many insurance contracts.…
Whether the attorney is in Grand Prairie or Dallas or Fort Worth or wherever, you need an attorney who knows insurance law and will fight the insurance companies. An insured starts out with the cards stacked against him as is illustrated in a Washington Post story titled, Drinks, Junkets and…
Springtown insurance lawyers know about the importance of an insurance policy being correctly filled out. This was illustrated in a 2016 opinion out of the Southern District, Houston Division, styled, Perfit Vision, et al v. Mount Vernon Fire Insurance Company. John Luong owed a portion of Eyewear Express and in…
Attorneys who handle hail damage claims have to know the law discussed in this Northern District, Dallas Division opinion. The opinion is styled, One Way Investments, Inc. vs. Century Surety Company, et al. This is a summary judgment case for breach of contract. One Way had property insurance with Century…
Garner insurance lawyers who know insurance law, know that actually prevailing in a bad faith claim is difficult. Getting the insurance company to pay what they should is not hard but getting the extra money for bad faith in Texas is difficult because of the way Texas Courts interpret the…
Insurance lawyers know to tell their clients to cooperate with their insurance company investigation of a claim. Failure to cooperate can void the coverage. This issue was litigated in a Southern District, Houston Division case styled, Rosie’s Chicken & Waffles Restaurant, et al v. Acceptance Indemnity Company. In a jury…
Lawyers handling property damage claims will find this article interesting. The article is from the Claims Journal. It was published in September 2016, and is titled, Damage To Property Without Market Value. The amount and dollar value of insurance claims relating to property loss alone dwarf all other lines of…
The Statute of Limitations for insurance claims will vary with the facts of the case. In general this limitation begins to run once a claim is denied. A Southern District , Galveston Division case arose in 2016, that is a good read. The case is styled, Linda Grayson v. Lexington…
When an insurance company denies a claim they have certain responsibilities under the Texas Insurance Code. Insurance lawyers know to immediately check and see if the insurance company has properly performed their responsibility. Texas Insurance Code, Section 542.056(c) states that if the insurer rejects the claim, the notice required under…