Here is an insurance law situation not seen very often. This is a 2021, opinion from the Western District of Texas, San Antonio Division. It is styled, Amali Obaya v. Allstate Vehicle & Property Insurance Company. Obaya owned property in San Antonio that was insured by a policy of insurance,…
Dallas Fort Worth Insurance Lawyer Blog
Employer Life Insurance (ERISA)
Life insurance through an employer is common. Most people do not realize the differences between regular life insurance that is purchased from a local agent or through a mail solicitation and life insurance that is purchased through their employer. The major difference is that life insurance purchased through their employer…
Insurance Denial Based On Segregating Damages
Here, an insurance company refused to pay a claim based on their assertion that the insured customer failed to segregate damages. The Judge agreed with the insurance company. The opinion is from the Northern District of Texas, Dallas Division. It is styled, Svetlin Tchakarov and Popova Rossitza v. Allstate Indemnity…
Claims That The Adjuster Did His Job Wrong
Claims against adjusters for violations of the Texas Insurance Code must be very specific. This is illustrated in a 2021, opinion from the Eastern District of Texas. The opinion is styled, Fred Vernon, II v. Palomar Specialty Insurance Company, Wellington Claim Services, Inc., One Call Claims, David Cardenas, and Tanya…
Insurance Claims And Limitations
Here is an insurance policy case from the Tyler Court of Appeals issued in October 2021. The opinion is styled Irajabedinia v. Lighthouse Property Insurance Company. This is a homeowners claim for coverage after Hurricane Harvey. The damage occurred on August 28, 2017. The claim was timely filed and Lighthouse…
Life Insurance Claim Denial – 5th Circuit
Life insurance claim denial cases are usually based on the insurance company’s assertion that the insured made misrepresentations in the life insurance application. A 2021, opinion from the United States 5th Circuit needs to be read when handling these types of cases. The opinion is styled, Mirna Guzman v. Allstate…
Life Insurance – When Does It Take Effect
Many times, for a life insurance lawyer, the question is, When did the life insurance coverage take effect. This question was partially answered in a 1980 opinion from the Eastland Court of Appeals. The opinion is styled, Durham Life Ins. Co. v. Cole. Kim Cole, a widow, individually and as…
Requirements To Get Bad Faith In Texas
Bad Faith insurance is a frequent topic when a person feels like they have been treated improperly by their insurance company. This issue is discussed in a 2021 opinion from the Eastern District of Texas. The opinion is styled, Aspen Specialty Insurance Company v. Yin Investments USA, LP. This opinion…
Suing The Insurance Company And A Contractor
Here is an interesting twist on how to stay in State Court when suing an insurance company. This is a 2021 opinion from the Northern District of Texas, Dallas Division is styled, Nayeb Family, LP v. Certain Underwriters At Lloyd’s London Subscribing To Policy No. CSSFQP0000024-00 and HD&S Management, LLC.…
Bad Faith Insurance ?
An old Insurance Lawyer once stated about “bad faith” that if you have to have an expert to tell you whether the insurance company acted in bad faith, or not, then there probably not bad faith in whatever the insurance company did. In 2021, a court in the Western District…