Bad Faith Insurance Lawyers learn early on that the preferred places to litigate claims against insurance companies are State and County Courts, not Federal Court. Here is a 2022, opinion from the Northern District of Texas, Dallas Division, wherein the insureds prevailed in their attempt to litigate in State Court. …
The Amarillo Court of Appeals issued an opinion on February 2, 2022, that is important as it relates to cases involving hail and wind damages to roofs of structures. This opinion has a bit less to do with insurance and more to do with the roofing contractor business as it…
Insurance companies and insurance agents have no general duty to obtain coverage nor to make sure the coverage is adequate. On the other hand, courts have found insurance companies liable for affirmative misrepresentations, and an insurance agent who undertakes to procure insurance for another owes a duty to a client…
Insurance claims denial and negligence related to the insurance policy and claims are questions for insurers and the insured. Here is a few things to keep in mind. Negligence, in the insurance context as in others, consists of three elements: (1) a legal duty owed by one person to another;…
Here is an opinion from the United States 5th Circuit dealing with ERISA. This particular case discusses the Employee Retirement Income Security Act of 1974 (ERISA). While the case is not a life insurance case, the ruling would also apply to life insurance situations. The style of the case is…
Reading the life insurance policy all the way through is vital to understanding the coverage therein. This is illustrated in a 2022 opinion from the U.S. 5th Circuit. The style of the opinion is Landmark American Insurance Company v. SCE Memorial Place II, L.L.C. This case is about whether an…
It is often times very difficult to answer the titled question. When there us uncertainty as to who is entitled to life insurance proceeds there is a process by which the life insurance company can “interplead” the life insurance proceeds into the registry of the Court. These are situation where…
Bad Faith insurance claims are common complaints when dealing with claims being denied. When fighting these cases a common tactic is to sue the adjuster for the wrongs the adjuster did in causing the claim to be denied. When suing an adjuster the insurance company is going to always claim…
Bad Faith Insurance Lawyers understand the law in Texas, at least as of the date of this post, requires that an insurer show that any misrepresentation made in an application for insurance be shown to have been made intentionally for the insurance company to be able to rescind the policy…
Insurance claims lawyers are well aware that insurance companies prefer to litigate in Federal Court. Proper pleading can often times prevent a case from being litigated in Federal Court. Usually suing the adjuster who handled the claim will prevent removal to Federal Court. The key is properly pleading claims against…