Claims denial attorneys will on occasion find themselves in a position of needing to hire an expert to help with their case. The case referenced in the Blog is a hail damage case but the discussion is a discussion on what courts look at when determining whether an experts testimony…
Dallas Fort Worth Insurance Lawyer Blog
Improperly Suing The Adjuster
Here is a 2023 opinion that finds the suing of the insurance adjuster was improper. The opinion is styled, Hang Nguyen, et al v. AmGuard Insurance Company, et al. The opinion is from the Eastern District of Texas, Sherman Division. Plaintiffs own a homeowners insurance policy with AmGuard. After a…
Pre-Suit Notice Of Damages
Bad Faith insurance lawyers understand that when sending an insurance company a pre-suit demand for damages that sending an improper letter ends up like sending no letter at all under certain circumstances. One of the issues related to pre-suit notice letters was the topic in a January 2023 opinion from…
Pre-Suit Notice And Attorney Fees – 4
Many insurance claims are hard to justify a lawsuit unless the insured can make a claim for attorney fees. Most insurance claims do allow for recovery of attorney fees. The caveat is that the claim for attorney fees has to be presented properly. This includes notice prior to a lawsuit…
Pre-Suit Notice And Attorney Fees – 3
Bad faith insurance lawyers will always sue for recovery of attorney fee when forced to file a lawsuit. Here is a 2022, opinion dealing with attorney fees under Texas Insurance Code, Section 542A. The opinion is from the Western District of Texas, Waco Division, and is styled, Waco Hippodrome Inc.…
Pre-Suit Notice And Attorney Fees – 2
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…
Pre-Suit Notice And Attorney Fees – 1
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…
Pre-Suit Notice And Attorney Fees
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,…
What Gets You To Bad Faith
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…
Insurable Interests?
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…