Grand Prairie insurance lawyers need to be able to look at an insurance policy and determined who is insured by the policy. A 1997, Texas Supreme Court case provides some guidance for an answer. The style of the case is, Grain Dealers Mutual Insurance Company v. McKee. Here is some…
Dallas Fort Worth Insurance Lawyer Blog
Is There Negligent Claim Handling?
Most Parker County attorneys who handle insurance claims know that there is not a claim for “negligent claim handling,” that the claim that probably exists has to fall under one of those listed in the Texas Insurance Code. A 1991, San Antonio Court of Appeals case styled, United Services Automobile…
What Happens When Insurance Company Will Not Settle Liability Claim
Insurance lawyers will tell you that insurance companies can expose themselves to risk by not settling liability claims that they should settle. This relates to what is called the “Stowers Doctrine.” But exposing themselves to risk and and suffering the risk are two different things. The 1960, Amarillo Court of…
Bad Faith Insurance – What Is Not
Knowing what is not “bad faith” insurance is as important as knowing what is bad faith insurance so that a client can be properly advised. A 1994, Texas Supreme Court opinion helps to understand what is not bad faith. The style of the case is, Allstate v. Watson. Here is…
Insurance – Waiver And Estoppel
Insurance attorneys need to know legal issues that will help their clients. Two common defenses relied upon to prevent an insurance company from avoiding coverage when a judgment has been entered against their insured are “estoppel” and “waiver.” While both theories have been applied by courts to avoid forfeiture of…
Liability Insurance Exclusions
Attorneys handling insurance law will want to keep up with how the courts are interpreting insurance exclusions. The Austin American Statesman ran an article in January 2014 that is interesting reading. Here is what it tells us. The Texas Supreme Court issued a key ruling Friday that should boost consumer…
Loss Of Use Claims
Dallas insurance lawyers need to know this recent court decision regarding “loss of use” damages. It is a Fort Worth Court of Appeals decision issued in January 2014. The style of the case is, Morrison V. Campbell. Here is some of the relevant information. In this agreed interlocutory appeal, Morrison…
Co-Operating With Your Insurance Company
Insurance attorneys will tell a client that they have a responsibility, under their insurance policy, to co-operate with their insurance company. If they refuse to co-operate they may lose coverage. A 2006, San Antonio Court of Appeals case illustrates this. The style of the case is, Progressive v. Trevino. Here…
Insurance Company Choosing Liability Attorney
Choosing an insurance attorney is usually the choice of the person being sued. However, if a person is being sued under an insurance policy, it is the insurance company who gets to choose the attorney. A 2004, Texas Supreme Court case illustrates this. The case is styled, Northern County Mutual…
Texas Windstorm Claims
Attorneys working in the area of insurance law need to keep up with events happening in the insurance field. The Insurance Journal ran an article recently that may be of interest to some. Here is what it tells us. The Texas Windstorm Insurance Association (TWIA) announced it has released to…