Weatherford insurance lawyers need to understand how to properly make allegations when filing a lawsuit. The Fort Worth Division, Northern District of Texas issued an opinion wherein it is pointed out allegations were not properly made. The opinion is styled, Mark Buettner, et al., v. USA Gymnastics, et al. Bailey…
Attorneys who litigate disability claims need to read this case from the Southern District of Texas, Houston Division. It is styled, Larry Frederick v. American Heritage Life Insurance Company. This case will help an attorney understand some of the burdens put on the insurance company. In October 2012, Frederick was…
Insurance attorneys in Dallas and Fort Worth need to be able to give advise on the above question. An Austin Division, Western District case is a good read for attorneys. The style of the case is, State Farm Fire and Casualty Company v. Clayton J. Neuman. Clayton Neuman was the…
Insurance law lawyers can tell you to be aware of arbitration clauses in your insurance contract. These usually favor the insurance company. The Austin-American Statesman published an article titled, Consumer Groups Oppose Insurance Company’s Push For Arbitration. Government and private sector consumer advocates are calling on a state regulator to…
The Insurance Journal published a good article in 2014 that gives a perspective on a jury trial. It is worthwhile reading for hail claims lawyers. The article is titled, Juror Witnesses Firsthand What the Hail Is Going on in Texas. Alejandro Stolarski is a United States citizen who emigrated from…
Lawyers who handle hail damage claims will want to read this article. It was published by the Insurance Journal in February 2015. It is titled, Attorneys, Insurers Facing Off Over Hail Litigation In Texas. The vestiges of twin hailstorms that ravaged the south Texas coast in 2012 are now blowing…
The Insurance Journal published an article in May 2016, that insurance lawyers and consumers will find interesting. The article is titled, Fraud Lead to 20 Year Prison Sentence for Houston Insurance Agent. Harris County District Attorney Devon Anderson that a Houston-based insurance agent has been sentenced to 20 years in…
Texas insurance lawyers need to be able to tell their clients the responsibility the insurance company has under the Texas Prompt Pay Act. To start with, no deadlines are triggered until the insurance company receives all items, statements, and forms reasonably required by the insurance company. Once the insurance company…
Texas lawyers handling insurance claims need to know the following. Once an insurance company receives notice of a claim, four duties are triggered: (1) Acknowledge the claim. Texas Insurance Code, Section 542.055(a)(1) says the insurer must acknowledge receipt of the claim. (2) Record the acknowledgment. Section 542.055(c) says if the…
Insurance lawyers need to be aware of the Prompt Payment of Claims Act found in Texas Insurance Code, Section 542.051. When suing for violation of this Act, an attorney must know that at the same time, he must sue for breach of contract. This is illustrated in the 2005, Waco…