The question asked in the title is a good question. However, it is a hard question to answer. A 2021, opinion from the Northern District of Texas, Fort Worth Division, lends some insight into how bad faith is analyzed by the courts. The opinion is styled, Cocanougher Asset No. 3,…
Life Insurance Claim Denials are getting more and more common. But, the insurance companies are beginning to jump ahead of the denials and starting to rescind the policies based on their assertion that there were/are misrepresentations in the insurance application. Statutory Requirements – In addition to common law standards, several…
Insurance lawyers are frequently asked, “Can you make the insurance company pay my attorney fees?” Here is a case from the Southern District of Texas, Houston Division. The case is styled, Shane and Shannon Richardson v. Liberty Insurance Co. Most case, over 98%, get resolved short of a trial. Some…
Life Insurance Lawyers who handle claims denied due to the claim that a misrepresentation was made in the life insurance application must read this 2021, opinion from the Amarillo Court of Appeals. It is styled, Bertha Arce, Individually And As Representative Of All Others Similarly Situated v. American National Insurance…
Claims denial attorneys usually see situations where a claim is denied and it was the adjuster who acted improperly in his handling of the claim. Allegations that the adjuster acted improperly were alleged in this 2021, opinion from the Northern District of Texas, Dallas Division. The opinion is styled, Beverly…
Life insurance claims can take many turns, as any attorney who handles very many of these life insurance claims can tell you. Here is a 2021, opinion from the Southern District of Texas, Houston Division. It is styled, New York Life Insurance Company v. Srinivas Varati. New York has filed…
Life insurance claims attorneys are needed any time an insurance company denies a claim. Some cases the attorney will help the client make a recovery and other cases, at least the client had the claim investigated. The Northern District of Texas, Dallas Division, issued an opinion in July 2021, dealing…
Here is another case illustrating that when suing an insurance company adjuster that it is vital to properly plead the case against the adjuster. This 2021, opinion is styled, Detavia Wilson v. State Farm Mutual Automobile Insurance Company, Robert Nash, and Yulonda Jones. The opinion is from the Northern District…
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…