Attorney fees. Attorney fees. Attorney fees. It’s a big deal. Questions about attorney fees are common in cases involving insurance claims. The fairly new Texas Insurance Code, Section 542A deals with attorney fees in specific weather related events, such as hail storms. A 2022 opinion from the Northern District of…
A common question for insurance lawyers is whether or not a claimant can recover attorney fees if they file a lawsuit. This issue is discussed in a 2022 opinion from the Northern District of Texas, Dallas Division. The opinion is styled, Antonio Mantzuranis v. State Farm Lloyds. This is a…
As all insurance lawyers know, the Texas Insurance Code requires that prior to filing a lawsuit against an insurance company, that the insured give the insurance company a pre-suit notice. This issue is discussed in a 2022 opinion from the Northern District of Texas, Dallas Division. The opinion is styled,…
Insurance lawyers have a tendency to talk a lot about “bad faith” in the context of insurance disputes. However, the Courts have a strong tendency to rule that most cases are simply a breach of the insurance contract and do not amount to “bad faith” and violations of the Texas…
Life insurance lawyers know that a beneficiary of a life insurance policy must have an “insurable interest” in the life of the insured. Those who have an insurable interest in the life of another fall into three general classes: (1) one so closely related by blood or affinity that he…
What if the person who is the named beneficiary of a life insurance policy, intentionally caused the death of the insured? Who gets the money? Pursuant to the 1987, Texas Supreme Court opinion, Crawford v. Coleman, a beneficiary who willfully participates in bringing about the insured’s death, either as a…
It is important in an insurance lawsuit whether or not the insurance company is subject to being sued for bad faith claims handling or whether or not there is a bona fide dispute about coverage. A bona fide dispute rids the lawsuit of claims related to bad faith issued. This…
The law clearly in Texas clearly places the burden on segregating damages on the insured. This issue is discussed in a 2022 opinion issued by the Northern District of Texas, Dallas Division. The styled of the opinion is Benham Bagheri v. State Farm Lloyds. This is a first-party insurance coverage…
How does an insurance lawyer know whether or not his insurance plan is governed by the Employee Retirement Income Security Act of 1974? Here is a November 2022 opinion that discusses how to determine whether or not an insurance plan is governed by ERISA. The opinion is from the Western…
Who is the named beneficiary primary beneficiary under the policy and will that person always be the person who receives the policy benefits is a question many life insurance attorneys are asked by prospective client. This issue is discussed in a 1981 Eastland Court of Appeals opinion styled, Pilot Life…