The Northern District of Texas, Fort Worth Division, decided a case in 2021 wherein the lawyer for insured did a good job of pleading his case. The strange thing about this case is that it was filed in 2021, well after the new section of the Insurance Code was in…
Here is an interesting case dealing with hail damage. This is a 2021, case from the San Antonio Court of Appeals. It is styled, Allstate Vehicle And Property Insurance Company v. Peter Reininger. The opinion is an appeal from a jury trial in favor of Reininger. The opinion is lengthy…
Here is a 2021, case from Southern District of Texas, McAllen Division, that discusses how courts are to review motions for summary judgment. The opinion is styled, Saul Cantu v. United Property And Casualty Insurance Company. The dispute revolves around a homeowners claim where Cantu suffered alleged damage to his…
The Employee Retirement Income Security Act of 1974, (ERISA) applies to a majority of employer provided insurance plans. These plans include, life, disability, and health. What is important to understand about ERISA plans is that it is rare in the extreme that a court will over-turn a decision by an…
Insurance lawyers keeping up with the relatively new Insurance Code Section, 542A.006 election need to read this well reasoned case from the Northern District of Texas, Fort Worth Division. The opinion is styled, Leonard D. Morgan, et al. v. Chubb Lloyds Insurance Company of Texas. In this a homeowner’s claim…
Fortunately, most insurance claims do not require expert testimony to prove a claim. However, in those situations where an expert is required, a 2021 opinion from the Southern District of Texas, Houston Division, is a good case for guidance on experts. The opinion is styled, Roy P. Labourdette Jr. v.…
Insurance Companies are supposed to promptly make payment of claims made by an insured. A May 2021, case from the Fifth Circuit Court of Appeals confirms this. The style of the opinion is Hyewon Shin v. Allstate Texas Lloyd’s. In this case, the insured, Hyewon Shin asserted a claim for…
Insurance Lawsuits, like many other claims, result in other persons or entity’s being added to the lawsuit. The relevance here is that often times an adjuster or the agent who sold the policy may need to be part of the lawsuit. A 2021, opinion from the Northern District of Texas,…
There are a few statutes in the Texas Insurance Code that are specific to life insurance policies. These statutes are found in Sections 705.001 through 705.105. For an insurance company to deny coverage on a life insurance policy based on a misrepresentation in an application, the insurance company has traditionally…
Life Insurance claims attorneys need to understand the important distinction between statements by the insured that are considered to be representations and those considered to be conditions precedent. If the insured’s statement is considered a representation, a false statement alone will not let the insurer avoid coverage. Each of the…