Fort Worth insurance lawyers need to be able to look at the facts of a case and determine whether or not the insurance agent can be held liable for his actions. One thing to keep in mind as was stated in the Corpus Christ Court of Appeals case, In re…
Fort Worth insurance lawyers when presented with a claim being denied will want to see if the agent who sold the insurance policy did anything wrong. The case law in Texas is pretty clear in that insurance agents have no general duty to obtain insurance nor to make sure the…
Dallas insurance attorneys will run across situations wherein it is hard to understand and advise how the law applies based on the facts of the case when applied to the policy language. The United States District Court, N. D. Oklahoma, issued an opinion in July 2013 that illustrates how complicated…
Grand Prairie insurance lawyers need to understand how negligence works in an insurance case. Negligence in the insurance context as in other situations, consists of three elements. These are: 1) a legal duty owed by one person to another; 2) a breach of that duty; 3) damages proximately resulting from…
Tarrant County lawyers need to be able to understand the case facts that will get them to exemplary damages. To know the difference between the threat of and the reality of getting them based on what transpired in the case. Texas case law clearly allows for the recovery of exemplary…
Mineral Wells insurance lawyers need to know the difference between first party claims and third party claims and how that relates to bad faith insurance claims. The Texas common law duty of good faith and fair dealing extends protection to the insured, whether the insured obtained the insurance coverage directly…
Palo Pinto attorneys who handle insurance situations will need to be able to distinguish between situations where an insurance company can be held liable for not paying a claim and where they cannot be held liable for paying a claim. The United States District Court for the Southern District of…
Dallas insurance attorneys will see commercial policies that need interpretation. A recent El Paso Court of Appeals case will help them to understand how courts interpret insurance policies. The style of the case is, American National Property & Casualty Company v. Fredrich 2 Partners, LTD. This is a case that…
Tarrant County insurance attorneys should know about pre-suit notice requirements. But for those who don’t, here is some information to keep in mind. Both the Deceptive Trade Practices Act (DTPA), Section 17.505 and the Insurance Code, Section 541.154 require a 60 day pre-suit notice be given. There are specific requirements…
Johnson County insurance attorneys need to know how to use the Texas Deceptive Trade Practices Act (DTPA) to help their insurance clients. Here is some information that may be helpful. The Texas Business & Commerce Code, Section 17.565, states clearly that the DTPA has a two year statute of limitations.…