Irving insurance law attorneys who handle claims involving homeowner policy’s need to read this recent opinion out of the Dallas Court of Appeals. It is styled, David Fusaro v. Trinity Universal Insurance Company. David Fusaro appeals from a summary judgment in favor of Trinity Universal Insurance Company (TUIC). Among other…
Dallas Fort Worth Insurance Lawyer Blog
Declaratory Judgment In Insurance
Farmers Branch insurance lawyers will run across situations where an insurance company is defending a lawsuit under a “reservation of rights” and then filing a declaratory judgment lawsuit against their insured. This is what happened in an opinion styled, Broussard v. Texas Farm Bureau. The opinion is from the Houston…
Renters Insurance
Irving insurance lawyers will run into situations where a renters insurance policy is at issue. The Dallas Court of Appeals issued an opinion in 2015, that should be read. It is styled, Chambers v. American Hallmark Insurance. This case is a good illustration why an experienced insurance law attorney needs…
Violating Prompt Pay Statutes
Arlington insurance lawyers should read the 1999, Tyler Court of Appeals case styled, Dunn v. Southern Farm Bureau. The opinion discusses an insurance company’e responsibilities under the Texas Prompt Payment of Claims statutes. Dunn was insured under a standard form automobile liability policy issued by Farm Bureau which contained uninsured/underinsured…
Subrogation On Insurance Claims
Subrogation is a big issue to be dealt with by Dallas insurance attorneys. The efforts to collect on subrogation rights is discussed in an article published by Bloomberg News in June 2015. It tells of a lawyer instrumental in the collection efforts, George Rawlings. The article tells us George Rawlings…
Hospitals Over Charging Patients
Dallas area attorneys need to know actions that can be taken to fight hospital over charging uninsured patients. The Washington Post published an article in June that named 50 hospitals that charge uninsured more than ten times the cost of care. Three of those were in the Dallas / Fort…
Written Notice Of Claim To Insurance Company
Carrollton insurance lawyers need to make sure when a client is filing an insurance claim that the claim is a written claim for benefits. Most insurance companies will take an oral claim report but at least one court in Texas is requiring that a notice of claim be in writing.…
Duties Of Insured Under Prompt Pay Statute
Saginaw insurance lawyers need to be able to discuss with their clients the duties the clients have to the insurance company regarding the Prompt Payment of Claims Act. It boils down to this, a claimant has two duties to the insurance company. (1) to give the insurer notice of the…
ERISA And Plan Administrator As Fiduciary
ERISA attorneys need to read a recent opinion from the U.S. District Court for the Western District of Pennsylvania. It is styled, US Airways, Inc. v. James E McCutchen and Rosen, Louik & Perry, P.C. The legal journey of this case is semi-complicated. What is relevant is that the employer,…
Hail Damage
Duncanville insurance attorneys need to know how the courts looks at the appraisal provisions in an insurance policy. This issue came up in a recent Amarillo Court of Appeals opinion styled, Texas Farm Bureau Insurance Company v. Brittni Sampley. Farm Bureau insured Sampley’s vehicle under a Texas personal automobile policy.…