How long does someone have to invoke the appraisal process in an insurance contract? This was addressed in a 2012, opinion from the Beaumont Court of Appeals. The opinion is styled, In Re: Cypress Texas Lloyds. Cypress Texas Lloyds seeks mandamus relief from an order that denies a motion to…
Insurance Claims, when not timely paid are subject to the Texas Prompt Payment of Claims Act. So the question becomes when is a claim not timely paid? A 2022, opinion from the Western District of Texas, San Antonio Division, is worth reading. The opinion is styled, John H. Winston III…
Here is a 1980, Texas Supreme Court opinion wherein the Court found no bad faith and in fact found in favor of the insurance company. The opinion is styled, Life Ins. Co. of the Southwest v. Overstreet. This was an unusual case in that the dispute was over whether or…
Life insurance lawyers need to read this 2022, opinion from the Fort Worth Court of Appeals. The opinion is styled, Government Personnel Mutual Life Insurance Company v. Lincoln Factoring. Many times where a person buys an insurance policy, where they die, where a beneficiary resides, or what the contract says…
What insurance attorney hasn’t had someone call after the statute of limitations has already run on the case? The Dallas Court of Appeals issued an opinion in July 2022, that deals with statute of limitations issues. The opinion is styled, Knox Mediterranean Foods, Inc., v. Amtrust Financial Services. Knox has…
Life Insurance claims are usually the type of claims that involve an interpleader action. Here is a 2022, opinion from the El Paso Court of Appeals that involves an interpleader, however, the interpleader is related to the proceeds of an auto liability policy that involved a death. Irregardless of the…
Here is a 2022 opinion from the Northern District of Texas, Dallas Division, that articulates how courts look at insurance bad faith claims. The opinion is styled, Art Dallas, Inc. v. Federal Insurance Company and Derek Franks. This is an insurance dispute involving Federal Insurance Company (FIC) and Art Dallas,…
Probably all auto and home insurance policies have appraisal paragraphs in them. So how do the Courts view appraisal paragraphs? This is discussed in a 2022, opinion from the Western District of Texas, San Antonio Division. The opinion is styled, Diane Castanon, Katherine Castanon v. Safeco Insurance Company of Indiana.…
Insurance claims often do not need an expert to help the case. When an expert is needed, it is important to know how courts look at experts. Here is a homeowners case wherein an expert is being used to bolster the case. This is a 2022 opinion from the Western…
Insurance attorneys must know the time period from which the statute of limitations starts. This issue is addressed in a 2022, opinion from the Southern District of Texas, Houston Division. The opinion is styled, Patriot Logistics v. Travelers Property & Casualty Company of America. This case deals with various issues…