Imagine this. A life insurance claim is denied. The beneficiary goes to an attorney who makes sends a demand letter to the life insurance company demanding payment and monies for their bad faith actions. In response to the demand letter the life insurance company sends the policy proceeds, plus interest. …
Can someone who is not related by blood have a pecuniary interest in the life of another as it relates to life insurance policy? This answer is discussed in a 1942, Texas Supreme Court opinion styled, Drane v. Jefferson Standard Life Ins. Co. Here is what the court discussed in…
Who are those who have an insurable interest in the life of a person? The answer is usually obvious, but not always. Here’s an answer. Those who have an insurable interest in the life of another fall into three general classes: The first category is one so closely related by…
Hail claims are a frequent source of litigation. Sometimes and expert is needed in these cases. The issue of using an expert in a hail damage case arose in this 2023 opinion from the Northern District of Texas, Dallas Division. The opinion is styled, Mohamed Bakri v. Nautilus Insurance Company.…
Insurance claims for late payment are a frequent issue when someone sees an insurance lawyer about the way they have been treated in an insurance claim. This late payment issue is addressed in a 2023 opinion from the Northern District of Texas, Dallas Division. The opinion is styled, Craig Collins…
What is the value of my/an insurance claim? That questions is often asked and the answer will vary depending on many factors. However, one of the factors that is important and asked by people seeking legal advice is, “Can I get back my legal fees?” This issue is discussed in…
Claims denial attorneys will on occasion find themselves in a position of needing to hire an expert to help with their case. The case referenced in the Blog is a hail damage case but the discussion is a discussion on what courts look at when determining whether an experts testimony…
Here is a 2023 opinion that finds the suing of the insurance adjuster was improper. The opinion is styled, Hang Nguyen, et al v. AmGuard Insurance Company, et al. The opinion is from the Eastern District of Texas, Sherman Division. Plaintiffs own a homeowners insurance policy with AmGuard. After a…
Bad Faith insurance lawyers understand that when sending an insurance company a pre-suit demand for damages that sending an improper letter ends up like sending no letter at all under certain circumstances. One of the issues related to pre-suit notice letters was the topic in a January 2023 opinion from…
Many insurance claims are hard to justify a lawsuit unless the insured can make a claim for attorney fees. Most insurance claims do allow for recovery of attorney fees. The caveat is that the claim for attorney fees has to be presented properly. This includes notice prior to a lawsuit…