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…
Dallas Fort Worth Insurance Lawyer Blog
Implied Permission To Use A Car
Grand Prairie insurance lawyers who deal with auto insurance need to know how the courts treat cases dealing with “implied permission” in a car insurance situation. A 1967, Corpus Christi Court of Appeals case is still good law on this issue. The style of the case is, The Phoenix Insurance…
Permissive Driver
Parker County lawyers need to know how the courts interpret “permissive driver” in an insurance policy. A 1989, Dallas Court of Appeals case gives good guidance for answering this question. The style of the case is, United States Fire Insurance Company v. United Service Automobile Association. Here is some of…
What Is A Defense For The Insurance Company In Paying A Claim Promptly
A Grand Prairie insurance attorney needs to be able to distinguish between legitimate requests for information by an insurance company and requests that are not so necessary for their investigation of a claim. The Prompt Payment of Claims Act allows the insurance company to request information it reasonably believes will…
Attorney Fees In Insurance Cases
Dallas insurance lawyers and for that matter, almost all attorneys are going to be able to discuss with a client the various rules and statutes that allow for recovery of attorney fees in cases. The Texas Civil Practice & Remedies Code, Chapter 38, is the first rule most attorneys will…
Late Payment And Cumulative Remedies
Dallas insurance lawyers are probably already aware of some of the penalties and remedies available when an insurance company violates the Texas Prompt Payment of Claims Act. Section 542.061, should be known and read by all insurance attorneys. It says: “The remedies provided by this subchapter are in addition to…
Penalties For Not Paying Promptly
Fort Worth insurance lawyers would know the penalties available when an insurance company does not promptly pay a claim. The Prompt Payment of Claims Act provides for 18% per annum damages, in addtion to the amount of the claim, plus attorney fees, plus this is on top of other types…
When Should I Get A Check From The Insurance Company?
Tarrant County Insurance lawyers should be able to give you a response to the above question. The first place to look for guidance is the Texas Insurance Code, Section 542.057(a). This section requires payment by the fifth business day after the claim is accepted by all insurance companies except surplus…
Why Did The Insurance Company Deny The Claim?
Tarrant County attorneys who handle insurance cases need to understand the rules related to the Texas Prompt Payment of Claims Act. Texas Insurance Code, Section 542.056(c) says “If the insurer rejects the claim, the notice required by Subsection (a) or (b) must state the reasons for the rejection.” Arguably, an…
Insurance Company Responsibility To Accept Or Reject Claim
Dallas County insurance attorneys will understand the responsibilities of an insurance company to accept or reject an insurance claim. Usually the first thing an experience Insurance Law Attorney will ask of a potential new client who says their claim has been denied, is a copy of the rejection letter. Texas…