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…
Bad Faith Insurance – It’s been said that if you need an expert to explain bad faith, then you probably don’t have a case. However, there may be an expert needed on other aspects of the case. Our last Blog explained part of the way that courts look at experts. …
Insurance attorneys who get involved in very many lawsuits will have situations where an expert is required. When that happens, it is vital to understand what the courts will accept and not accept as it relates to experts. This is discussed in a 2022, opinion from the Northern District of…
When experts are needed in a homeowners claim, it is good to see how courts look at experts. The United States District Court for the Western District of Texas, San Antonio Division, issued an opinion on July 1, 2022, that deals with experts. The opinion is styled, FB & SB…
Insurance lawyers live on the Texas Insurance Code, Section 541.060. There is disagreement among the Federal Courts about which of the sub-sections under 541.060 require the specifics of a “fraud” pleading. This issue is discussed in a 2022, opinion from the Northern District of Texas, Dallas Division. The style of…
Insurance lawyers find it helpful, in the right case, to use an expert. What is important to understand is the criteria courts look at to determine whether someone qualifies as an expert. This issue is discussed in a 2022 opinion from the Western District of Texas, San Antonio Division. The…
Lawyers who handle claims related to the Employee Retirement Income Security Act of 1974 know how hard this cases can be. Unlike other types of claims, such as personal injury, auto wrecks, on the job injury, and medical malpractice, under ERISA, a prevailing claimant is only entitled to actual benefits…
Lawyers who handle Employee Retirement Income Security Act cases will want to know about this June 2022, opinion from the Northern District of Texas, Dallas Division. The opinion is a win for ERISA cases. It is styled, Michael Cloud v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan. This case…
Is there such a thing as an oral insurance contract? Well, according to the 1949, Texas Supreme Court opinion styled, Pacific Fire Insurance Company v. Donald, …, Yes. In the Donald case, Paul Donald sued Pacific Fire to recover for the loss of 5500 bales of hay which were destroyed…
Insurance policies are contracts, and as such are subject to rules applicable to contracts generally. This is stated in the 1994, Texas Supreme Court opinion styled, Hernandez v. Gulf Group Lloyds. An insured seeking to recover on an insurance contract must prove that the contract was in force at the…