Fort Worth insurance lawyers should be able to discuss with their clients when a claim is not being paid timely and who can hold the insurance company for failing to pay the claim in a timely manner. Under the Prompt Payment of Claims statutes, Section 542.051 tells us a “claimant”…
Dallas insurance attorneys should know about the Prompt Payment of Claims Act. It is found in Chapter 542 of the Texas Insurance Code. This statute imposes deadlines for an insurance company to acknowledge, investigate, and accept or reject a claim. An insurance company that violates the statute is liable for…
Dallas insurance lawyers know the pre-suit requirements of filing a lawsuit against an insurance company. This essentially means giving the insurance company or agent, at least a sixty day written notice detailing what the complaint is and what you expect them to do about it. This notice must tell the…
Weatherford Texas insurance lawyers need to be able to discuss with clients the value associated with their claim. The Texas Insurance Code, Section 541.152, tells us that a winning claimant is entitled to: 1) actual damages 2) additional damages if the insurance company or it’s agent acted knowingly 3) court…
Weatherford insurance attorneys need to be able to discuss with clients what the value of their claim might be. Here is some food for consideration. Texas Insurance Code, Section 541.152 tells us a person who prevails in a lawsuit may obtain the following: – the damages actually suffered; – exemplary…
Weatherford insurance lawyers need to be able answer the above question. The problem with an answer is that, depending on the situation it is difficult to know when coverage will apply to a request for coverage for uninsured motorist protection. In 2008, the Texas Supreme Court issued an opinion in…
Dallas insurance lawyers should be aware of the “contact rule” as it relates to uninsured motorist coverage on an automobile. A 1972 case styled, Latham v. Mountain States Mutual Fire Insurance Co is a good example of how the “contact rule” works. This case comes from the Houston Court of…
Dallas insurance lawyers need to be able to discuss this question with clients. The Texas Insurance Code, Section 1952.104(3) says: ….. required that, for the insured to recover under the uninsured motorist coverage if the owner or operator of any motor vehicle that causes bodily injury or property damage to…
Here is some information that all Dallas and Fort Worth insurance lawyers should know. The Texas Insurance Code sections and Deceptive Trade Practices Act(DTPA) were adopted together by the Texas Legislature in the 1970’s as part of a reform legislation package. They are interrelated and incorporate each other. Texas Insurance…
Dallas insurance lawyers will want to know the ways that help to keep a case out of Federal Court. The United States District Court, Southern District, Houston Division, issued an opinion that provides one way of staying out of Federal Court. The style of the case is, Jorrie Williams v.…