The Employee Retirement Income Security Act of 1974 (ERISA) applies to a lot of employer benefit plans. Each of these cases need to be examined by looking at the wording of the plan and the facts of the case. A 2021 opinion from the Northern District of Texas, Dallas Division,…
ERISA stands for Employee Retirement Income Security Act of 1974. The way ERISA cases are handled is unique from a legal perspective. This is illustrated in a 2021, opinion from the Eastern District of Texas, Sherman Division. The opinion is styled, Carol Sue Allen, Et Al. v. Sherman Operating Company,…
Life Insurance lawyers have to know this case. It is an opinion that has been discussed here recently. The opinion was issued on November 10, 2021, by the United States Fifth Circuit and is styled, Mirna Guzman v. Allstate Assurance Company. Saul Guzman died after suffering a seizure at age…
Lawyers handling insurance claims that have been denied frequently have a conversations with clients about “bad faith” insurance. Bad faith, generally speaking, often times centers around whether or not an insurance company has committed a fraud. If allegations of fraud are going to be alleged, insurance lawyers need to understand…
Life insurance claims denial attorneys will rarely see this situation, but it is worth knowing about. This is a 1987, Texas Supreme Court opinion styled, Davidson v. Great National Life Insurance Company. Davidson is the beneficiary of life insurance policy insuring Dauod Alquassab. Davidson filed suit after Great National denied…
Insurance lawyers need to understand every way possible for maintaining their case in State Court whenever possible. It is not possible too often, so when it is possible it needs to be done. This 2021, opinion from the Northern District of Texas, Dallas Division, shows how one case was allowed…
Here is an opinion from the United States Fifth Circuit that deals with life insurance. The opinion is styled, Mirna Guzman v. Allstate Assurance Company. This is an appeal from the District Court wherein the District Court granted summary judgment in favor of Allstate. This is a review of how…
Insurance agents misrepresenting the terms and conditions of an insurance policy is a common complaint. Here is a 1994, Texas Supreme Court opinion styled, Celtic Life Insurance Company v. John D. Coats, Jr. This case presents three issues relating to an insurance company’s liability for its agent’s representations: first, whether…
Filing a lawsuit is not as simple as saying the words. One common reason for suing an insurance company is based on allegations of fraud. A 2021, opinion from the Southern District of Texas, Galveston Division, shows that pleading fraud an insurance company has to meet certain criteria or the…
The vast majority of insurance claims that get denied are settled. Less than 2% of these cases actually result in trial. When there is a trial, the odds are typically with the insurance company prevailing. That is what happened in this 2021, verdict in a case from the Southern District…