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…
Hail damage claims result in lots of lawsuits. Here is a 2023 opinion from the Western District of Texas, El Paso Division. The opinion is styled, John Kazanjian and Patricia Kazanjian v. State Farm Lloyds. State Farm had made a settlement offer that was substantially less than what Plaintiff’s felt…
Bad Faith Law Firms will have a frequent question asked of them. That question is, “Can I Recover My Attorney Fees.” One segment of the attorney fees question is addressed in a 2023 opinion from the Southern District of Texas, Houston Division. The opinion is styled, Gilbane Building Company, Inc.…
Bad Faith lawyers who handle commercial policy claims will want to read this 2023 case. This case is from the Southern District of Texas, Corpus Christi Division. It is styled, Laguna Enterprises, LLC v. Westchester Surplus Lines Insurance Company, et al. A big difference between commercial policies and the policies…
Bad Faith Insurance Attorneys need to read this 1988, opinion from the Texas Supreme Court. The opinion is styled, Vail v. Texas Farm Bureau Mut. Ins. Co. This case involves a house burning down. A claim was made for the homeowner insurance benefits and the insurance company denied the claim. …