Life insurance lawyers and other attorneys dealing with insurance companies will often speak of the insurance company “duty of good faith and fair dealing.” This issue is discussed in a 2023 opinion from the Northern District of Texas, Dallas Division. The opinion is styled, Avery D. Ensley v. Genworth Life…
Lawyers handling insurance claim must have an understanding of the statute of limitations for bad faith claims. This is illustrated in a 2023 opinion from the Western District of Texas, Waco Division. The opinion is styled, Yvan Jayne v. Health Care Service Corp., A Mutual Legal Reserve Co., D/B/A Blue…
Life Insurance Attorney must read this 2023 opinion from the Texas Supreme Court. The opinion is styled, American National Insurance Company v. Bertha Arce. This is arguably the most important life insurance opinion in many years in Texas and centers around whether or not the insurer must prove intent to…
Most people who buy a homeowners insurance policy think that if anything happens to cause damage to their home, that they are covered. Well, that is simply not case way to often. All those pages of the policy are pages explaining what is not covered or placing limitations on what…
As has been discussed many times on this Blog, insurance companies prefer to litigate in Federal Court rather than State or County courts. When an insurance company removes a case to Federal court the insured needs to be prompt in seeking a remand to the State or County court from…
Hail damages claims can be tough and this 2023 opinion doesn’t help. The opinion is from the Northern District of Texas, Amarillo Division. It is styled, Phouthasith Amphay v. Allstate Vehicle and Property Insurance Company. Plaintiff alleges hail damage to his dwelling and made a claim against his insurer, Allstate. …
Making a claim against the adjuster handling the claim is an advantage in lawsuits, or at least that is what many attorneys believe. A proper analysis of making a claim against an adjuster is discussed in this 2023 opinion from the Eastern District of Texas, Sherman Division. The opinion is…
Life insurance lawyers will tell you that the answer to the titled question is dependent on the wording of the insurance policy and the facts of the case. This issue was discussed in the 1979, Fort Worth Court of Appeals opinion styled, Leach v. Eureka Life Insurance Company of America.…
The designated beneficiary of a life insurance policy generally is entitled to the proceeds upon the death of the insured. Absent an adverse claim, the insurer may pay the benefits to the designated beneficiary. This is discussed in the 1967, Texas Supreme Court opinion styled, McFarland v. Franklin Life Ins.…
Here is a life insurance case that went to trial in 2023. The case is styled, Mirna Guzman v. Allstate Assurance Company. The case was tried in the Northern District of Texas, Amarillo Division. Allstate filed a declaratory judgment action against Guzman to have the life insurance policy she had…