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…
Dallas Fort Worth Insurance Lawyer Blog
Delay In Paying The Claim?
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…
Plumbing Leak Issue In Insurance
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…
60 Day Pre-Suit Notice
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…
DTPA – Defenses And Waivers
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.…
DTPA – “Intentional” Conduct
Palo Pinto attorneys need to know how to use the Texas Deceptive Trade Practices Act (DTPA) to help them with their claims for Texas Insurance Code violations. The Texas Business & Commerce Code, Section 17.50(b)(1), allows the jury in this type of case to award up to three times the…
DTPA – “Knowing” Conduct
Texas insurance lawyers need to be know how to use the Texas Deceptive Trade Practices Act (DTPA) to help their clients. Part of using the DTPA properly is to know when conduct by a company arises to the DTPA legal definition of “knowing.” Here is why. The Texas Business &…
Who Can Be Sued And How Much Can Be Recovered
Fort Worth insurance lawyers will have potential clients come in their doors complaining of being done wrong by an insurance company. One of the ways to help a client make a recovery in their case, besides the Texas Insurance Code, is the Texas Deceptive Trade Practices Act (DTPA). The DTPA…
Insurance And Tort Reform
Dallas area attorneys will keep up with changes in the law. This is true regarding tort reform that effects any part of insurance. The consumer group, Texas Watch, published an article titled, “Ten Years Later: How House Bill 4 Has Harmed Texans.” Here is what the article tells us. Riding…
False, Misleading, And Deceptive
Dallas insurance lawyers know the ways the Texas Insurance Code and the Texas Deceptive Trade Practices Act (DTPA) interact with each other and how to use both to help clients who are being jerked around by an insurance company. Texas Insurance Code, Section 541.151, says that a person who sustains…