Insurance attorneys in Texas need to know how the “misrepresentation defense” works. A good illustration in found in this January 2016, opinion from the Waco Court of Appeals. The case is styled, Karl Wallace v Amtrust Insurance Company of Kansas, Inc. Until the time of his death in 2007, Wallace’s…
Insurance lawyers can tell you that the process of a lawsuit on a claim can be complicated and confusing. But, understanding how the courts look at the process will help. A recent case from the Houston Court of Appeals [1st. Dist.] is a good read. It is styled, In Re…
Flood claims are a big part of insurance law. Knowledge of how these claims are looked at by the courts is important to an insurance lawyer. The United States 5th Circuit Court of Appeals issued an opinion in January 2016, that should be read. The style of the case is,…
Attorneys handling ERISA claims can tell you that the ERISA plan wants back all the money they spend on their beneficiary’s claim. The United States Supreme Court rendered a notable opinion in January 2016. The case is styled, Board of Trustees of the National Elevator Industry Health Benefit Plan v.…
Texas insurance lawyers have to read the recent Texas Supreme Court case, J&D Towing, LLC v. American Alternative Insurance Corporation. The facts are set out in the March 3 writing. This is an appeal from the Waco Court of Appeals. The Court starts out: We begin with first principles. Compensation…
Arlington attorneys handling claiming involving “loss of use” have long had to tell clients the following: “If your car is repairable, the insurance company will pay for the loss of the use of the car for as long as the car is reasonably in the shop being repaired. But if…
Insurance lawyers in Mansfield and elsewhere should be able to explain to clients when payment is due under a claim. There are many situations and the situation determines when the claim should be paid and if a penalty applies. The U.S. Western District Court of Texas, Waco Division issued an…
Here is something for life insurance lawyers to read. It is from the Texas Department of Insurance web-site. Subchapter R. VIATICAL AND LIFE SETTLEMENTS 28 TAC §§3.1701 – 3.1717 The Commissioner of Insurance adopts amendments to §§3.1701 – 3.1703, 3.1705, 3.1707 – 3.1715, and new §§3.1704, 3.1706, 3.1716, and 3.1717…
Attorney’s who handle hail claims need to know the proper way to sue an insurance adjuster unless they want to litigate the case in Federal Court. A U.S. Western District, Waco Division opinion is worth reading. It is styled, Polansky’s Wrecker Service v. Universal Underwriters Insurance Company and William Gillis.…
Weatherford life insurance lawyers know that the “Slayer Statute” works the same in Federal Court as in State Court. A 1986, opinion from the Northern District of Texas says so. The style of the case is, American Nat. Ins. Co. v. Huckleberry. This case is before the court on the…