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…
Dallas Fort Worth Insurance Lawyer Blog
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…
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…