Insurance agents can be responsible for their own actions under the Texas Insurance Code. Just as an insurance company is liable for its own misconduct, so too agents may be personally liable for their misdeeds, even when acting on behalf of an insurance company. In general, an agent is individually…
Being aware of when the statute of limitations runs on a claim is vital so that the limitations period does not expire. This is illustrated in the 2022, opinion from the Western District of Texas, San Antonio Division. The opinion is styled, Tobin Endowment v. Great American Assurance Co. Tobin…
Most insurance claims will not end up in a lawsuit. However, for those claims that do end up in a lawsuit it is important for the insured to understand their responsibilities when in the lawsuit. The failure of a party to the lawsuit to cooperate in the litigation process can…
Here is a case where the insurance company complains that it did not receive proper pre-suit notice of the claim. The Court disagreed with the insurance company. This is a 2022 opinion from the Northern District of Texas, Dallas Division. It is styled, Douglas D. Dailey, et al., vs. Amguard…
Bad Faith Insurance Lawyers need to read this 2022 opinion from the Northern District of Texas, Dallas Division. The style of the case is, Vernon Humphries and Rebecca Humphries v. State Farm Lloyds. The Humphries sued State Farm alleging State Farm failed to pay the full amount of their claim. …
An often asked question by insureds having a claim against their insurance company is, “Can I recover my attorney fees?” There is not a simple straight forward answer to this question. Many variables come into play. “Yes” is a simple answer but does not get into the variables. A 2022,…
There is lots of information available about actions to be taken before a lawsuit is filed. There is also a lot of information available about the potential wrongs of an insurance company, it’s agents and adjusters. What is rarely discussed is the work an insured has to do in a…
Here is a case wherein one of the issues was whether or not an employee was eligible for Long Term Disability (LTD) based on the definition in the policy of “full time” employee. This is a 2022, case is from the 5th Circuit Court of Appeals. It is an appeal…
Insurance claims attorneys know that the insurance statutes require that a notice letter be sent to an insurance company before filing suit. The notice letter is to be sent 60 days before filing the lawsuit. The purpose is to allow a settlement or resolution of the case before either side…
Hail damage claims, like a lots of other types of claims, have their own nuances that an insurance attorney needs to be prepared to address. Here is a 2022, opinion from the Northern District of Texas, Fort Worth Division, that addresses a hail damage claim and the assertion that that…