Mineral Wells insurance lawyers know to tell clients to not negotiate checks from an insurance company that represent a refund of paid premiums. But what happens if the check is cashed by the client? A 2006, Federal District Court in Houston Texas is worth reading. The style of the case…
Here is an interesting twist for local life insurance attorneys. This is a 1997, Fifth Circuit Court of Appeals case. It is styled, Riner v. Allstate Life Insurance Company. Riner sued Allstate after Allstate refused to pay benefits under a temporary insurance agreement on the life of her father, Robert…
Fort Worth life insurance lawyers can tell you that a policy of life insurance must have attached to it, a copy of the application. Texas Insurance Code, Section 705.103 clearly states: Except as otherwise provided by this code, a life insurance policy must be accompanied by a copy of: (1)…
Dallas insurance lawyers will see lots of situations where a person has their life insurance claim denied for the stated reason that the insured made a misrepresentation in the application for insurance. There are a few common law rules standards that apply. It is also important at this stage to…
Texas insurance lawyers need to have an understanding about the reasons an insurance can properly rescind a policy or to put it another way – the reasons an insurance company cannot properly rescind a policy. As a general principle, prior to a loss an insurance company has the right to…
Mesquite insurance lawyers know that violations of Texas insurance laws are also violations of the Texas Deceptive Trade Practices Act (DTPA). They also know that a notice letter is required prior to pursuing a lawsuit under either category of statutes. A 1992, Texas Supreme Court case illustrates this point. The…
Fort Worth insurance lawyers need to know how to calculate damages under the Texas Deceptive Trade Practices Act (DTPA) and the Texas Insurance Code. A Beaumont Court of Appeals is a good case for instruction on this point. The style of the case is, National Lloyds Insurance Company v. Latosha…
Dallas insurance lawyers handling bad faith claims need to read this 2015 opinion from the Beaumont Court of Appeals. It is styled, National Lloyds Insurance Company v. Latosha A. Lewis. Lloyds appealed the trial court’s judgment in favor of Lewis following a jury trial. In seven appellate issues, Lloyds challenged…
Richardson insurance law attorneys will find that when suing insurance companies that the companies want to remove cases to Federal Court. Federals Courts are more favorable grounds for insurance companies to fight their legal battles. Insurance lawyers working for the insureds want to keep the fight in State Courts. A…
Duncanville insurance lawyers will find that the definitions in insurance policies often have their own meaning. So, what is the definition of “motor vehicle” as it relates to an insurance policy? A 1977, Texas Supreme Court opinion helps. It is styled, Slaughter v. Abilene State School et al. Slaughter, while…