Mansfield insurance lawyers need to read the Houston Court of Appeals [14th Dist.] opinion styled, Daugherty v. American Motorists Insurance Company. It was issued in 1998. Daugherty filed suit against American for refusing to pay his claim. The trial court ruled in favor of American. Daugherty appealed. The record reflects…
Dallas Fort Worth Insurance Lawyer Blog
Insurance Fraud By The Insured
Dallas insurance attorneys can tell lots of stories where the insurance company is ripping off and taking advantage of it’s insureds. The Insurance Journal recently published a couple of stories where an insured was involved in ripping off the insurance company. The punishment for getting caught can be grim. An…
Homeowners Policy Interpretation
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…
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…