To be able to recover from a life insurance policy a person has to be named as a beneficiary, the majority of the time. However, even if a person is named as a beneficiary they still have to have an insurable interest in the deceased to be able to recover.…
A frequent insurance problem in Texas is damage alleged to have been caused by a hail or wind storm. This issue is even confusing for the Courts. Here is a case discussing this issue and in the opinion, the United States Fifth Circuit is asking the Texas Supreme Court on…
I know, I know. Nobody reads the policy. But, not reading the policy and understanding it can be a killer. This is illustrated in a May 2022, opinion from the United States 5th Circuit Court of Appeals. The opinion is styled, Bradford Realty Services, Incorporated v. Hartford Fire Insurance Company.…
When an insurance company denies a claim, 99% of the time the claim the insured has against the insurance company is a claim for breach of contract. Issues related to “bad faith” and statutory violations of the Texas Insurance Code are relevant and important but usually those do not matter…
A claim against an insurance company generally speaking, will involve at least two distinct claims. One for a breach of the insurance contract and a second claim for the insurance company acting in “bad faith” in their handling of the claim. This issue was discussed in a 2022 opinion from…
To show an insurance company has acted in “bad faith” an insured must first show that the insurance company has breached the insurance contract. This is discussed in a 2022, opinion from the Western District of Texas, San Antonio Division opinion. The opinion is styled, Rosemarie Wheeler v. Safeco Insurance…
To show an insurance company has acted in “bad faith” an insured must first show that the insurance company has breached the insurance contract. This is discussed in a 2022, opinion from the Western District of Texas, San Antonio Division opinion. The opinion is styled, Rosemarie Wheeler v. Safeco Insurance…
Experienced Life Insurance Attorneys need to understand the areas of dispute that arise in the context of life insurance. Life insurance is fairly straightforward. If the insured dies during the policy term, the insurance company pays the benefits. The following are some ways that disputes may arise. a. The life…
Life Insurance lawyers who read this Blog, or for that matter, anybody who reads this Blog eventually learns that there are many wrongs an insurance agent will commit to get a sale. Most of their income from an insurance company is based on getting a percentage of the premiums. In…
Bad Faith insurance lawyers are always questioning themselves on where the line is drawn regarding bad faith claims. This issue is discussed in this 2022, opinion from the Western District of Texas, San Antonio Division. It is styled, Dr. John Winston, III v. State Farm Lloyds. State Farm filed a…