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…
Texas insurance attorneys should find this article from the Insurance Journal interesting. It is titled, F.I.D.O.’S Dog Bite Liability Insurance Fills Coverage Gap. When commercial lines insurance agent and dog owner Debbie Turner began to look into help for her difficult dog back in 2000, she had no idea that…
Attorneys who handle insurance cases will eventually have a dog bite case they are involved in helping someone with. The Insurance Journal published a story titled, Number of Dog Bite Insurance Claims Falls But Average Claim Rises to $37K. This story is worth reading to keep informed with what is…
Dallas County insurance attorneys see tornado claims. Here is a case resulting from a tornado claim. It is from the Dallas Court of Appeals. It is styled, Halton v. American Risk Insurance Company, et al. This is an appeal from an adverse summary judgment granted in favor or American. The…
Most insurance lawyers will attempt to keep any case they are involved with, out of Federal Court. One way of doing this is to sue the local adjuster who handled the claim. The Laredo Division, of the Southern District was inclined to agree with that method except the problem was…
ERISA lawyers in the Dallas / Fort Worth can tell you how powerful ERISA is and that the rules governing ERISA plans pre-empt State rules governing insurance. This is argued in a Northern District, Dallas Division case styled, Curtis v. Metropolitan Life Insurance Company. This case concerns a three-party contractual…