Here’s something for Texas insurance lawyers to have in their bag of knowledge. This comes from the “Claims Journal” and is about an opinion in New Hampshire but is relevant to Texas also. The New Hampshire Supreme Court recently held that a persistent odor could constitute a “physical loss” under…
Dallas Fort Worth Insurance Lawyer Blog
Loss Of Use In Insurance
Benbrook insurance lawyers need to be aware of this case. The reason to be aware of this case is that the case is, as of the date of this post, on appeal to the Texas Supreme Court. Hopefully their decision will put to rest some of the arguments in the…
Hire A Texas Insurance Law Lawyer
Dallas insurance lawyers will all have tales of people who lost cases they might have otherwise won if only they had hired an experienced Insurance Law Attorney. This is illustrated in a Dallas Court of Appeals case styled, Marqueth Wilson v. Colonial County Mutual Insurance Company. Please understand that even…
Potential Recovery In Insurance Claims
Crowley insurance lawyers should be able to discuss with clients the potential recovery when an insurance company wrongfully denies a claim. One element of recovery is the actual damage. In other words the actual amount due under an insurance policy. An example would be a life insurance policy with a…
Health Insurance Attorney
Burleson insurance attorneys who handle health insurance situations need to read this 1989 opinion from the Houston Court of Appeals [14th Dist.]. It is styled Paramount National Life Insurance v. Williams. On March 5, 1981, insurance agent Cliff Cox met with Frankie Williams and her husband Willie and took an…
Insurance — Who Can Be Sued?
Everman insurance attorneys need to be aware of the people and entities that can be liable under the Texas Insurance Code. Section 541.151 provides that a person who has sustained damages caused by another’s engaging in unfair or deceptive insurance practices may sue the person engaging in those acts or…
Who Can Sue An Insurance Company?
Benbrook insurance lawyers need to know who can properly be a plaintiff in a lawsuit against an insurance company. In order to sue an insurance company, the plaintiff must have “standing.” A 1996, 5th Circuit Court of Appeals opinion states that an intended beneficiary under a policy of insurance has…
Policy Exclusions And City Ordinances
Everman insurance lawyers need to be know this 2015, Texas Supreme Court opinion. It is styled, Jaw The Point, L.L.C. v. Lexington Insurance Company. This insurance dispute involves losses the insured incurred as a result of city ordinances triggered by damage to an apartment complex during Hurricane Ike. The insurance…
Who Has Standing To Sue An Insurance Company
Arlington insurance lawyers need to be able to answer the above question when someone comes into their office with a complaint. Simply put, standing means the legal right to be in court on a case. Texas Insurance Code, Section 541.151 grants a cause of action to a person who sustains…
Deceptive Trade Practices Act (DTPA) And Insurance
Texas insurance lawyers need to understand the ways the Texas DTPA can help with insurance claims. Texas Insurance Code, Section 541.151(2) cross-references and prohibits conduct defined in the Texas Business & Commerce Code, Section 17.46(b), commonly known as the Deceptive Trade Practices Act. This latter statute applies to all types…