Life insurance lawyers will try to avoid what happened in an opinion from the Southern District of Texas in 2016. The opinion is styled, Hendrix v. Wal-Mart Stores. Kimberly Hendrix sued Wal-Mart Stores, Inc., Associates Health and Welfare Plan, and The Prudential Insurance Company of America because they denied her…
A Houston Division opinion discusses how to properly plead a lawsuit when an insurance company makes false statements. The opinion is styled, Mt. Olive Missionary Baptist Church v. Underwriters at Lloyds. Mt. Olive alleges a storm caused damage to the Church including damage to the roof, HVAC, windows, exterior, interior,…
Lawsuits involving claims for uninsured/underinsured (UIM) benefits are in their own little category for the way the courts handle them. This is illustrated in a 2016, Tyler Court of Appeals opinion titled, In Re: AAA Texas County Mutual Insurance Company. Vehicles driven by Thomas Jackson and Patricia Tompkins collided. Jackson…
Total loss cases dealing with automobiles have certain rules that apply. A Dallas Court of Appeals case discusses this issue. The opinion is styled, Sunny Letot v. United Services Automobile Association. There are multiple issues in this case but the opinion dealing with the total loss of an automobile is…
Life insurance lawyers need to read this 5th Circuit opinion. The case is styled, Jackson National Life Insurance Company v. Lance Dobbins, et al. Inter-pleaders are cases where the insurance company knows they owe life insurance proceeds to someone but they are unsure who to pay because there are competing…
When an insurance attorney is representing someone suing an adjuster, there have to be specific acts alleged against the adjuster and those acts have to be detailed. This is illustrated in a Southern District, Houston Division opinion. The opinion is styled, Gregory Young v. Travelers Personal Security Insurance Company and…
Insurance lawyers in Irving who sue for hail claims need to know the best ways to stay out of Federal Court, unless of course that is where they want to be. This is illustrated in a Sherman Division case styled, Lillian Elizondo v. Metropolitan Lloyds Insurance Company of Texas, Tailored…
Benbrook insurance attorneys can discuss the penalties for delays in paying a claim. These penalties are spelled out in the Texas Prompt Payment of Claims Act (TPPCL) and are found in the Texas Insurance Code. The amount of an insured’s claim (and/or the amount for which an insurer is liable)…
Burleson insurance lawyers know that when an insurance company is slow to pay a claim that there are possible consequences to the insurance company under the Texas Prompt Payment of Claims Act (TPPCA). Historically, one area of contention in TPPCA disputes has been the calculation of the penalty when an…
It is important for Dallas and Fort Worth Attorneys to understand how the Texas Prompt Payment of Claims Act (TPPCA) works. The deadlines imposed by the TPPCA are presented chronologically in terms of the claims-handling process. First, §542.055 states the insurer shall acknowledge receipt of the claim, request information the…