Lawyers who handle long-term disability (LTD) claims that are governed by the Employee Retirement Income Security Act of 1974 (ERISA), will want to read this opinion. The opinion is titled, Enrique Talamantes v. Metropolitan Life Insurance Company. It is a 2021, opinion from the United States Fifth Circuit. It is…
Life insurance denials are much more common than people realize. Most people would be of the opinion that once a person had paid for life insurance and then a death occurs, that the policy would pay. That is not the case. Here is an opinion from the Southern District of…
Insurance lawyers time and time again have a difficult time properly suing insurance adjusters when their case is in Federal Court. This is illustrated in a June 16, 2021, opinion from the Northern District of Texas, Dallas Division. The opinion is styled, Thomas Paredes and Kerry Paredes v. The Cincinnati…
Life Insurance lawyers often see disputes over who is entitled to life insurance proceeds. A 2021, opinion from the Southern District of Texas, Houston Division, is a dispute over who is entitled to life insurance proceeds. Also, the life insurance policy at issue in this case is governed by the…
Here is a unique way to stay out of Federal Court. It is applicable to suing a Lloyd’s of London insuring entity. The case is a 2021, opinion from the Northern District of Texas, Fort Worth Division. It is styled, Certain Underwriters At Lloyd’s, London Subscribing Severally To Policy No.…
Here is an unusual situation from the Northern District of Texas, Dallas Division. The opinion is styled, Barry Green, Individually and as Attorney in Fact for Billie Green and Billie Green, Individually v. Allstate Texas Lloyds, Inc. If the unusual aspect of this case is not pointed out in the…
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…