Many times an insurance lawyer is approached by someone who has a claim denied due to the insurance company assertion that the policy has been cancelled. In this regard, understanding the reasons for cancellation are important. “Cancellation” refers to the insurance company’s termination of coverage before the end of the…
Life insurance lawyers, disability lawyers, auto policy lawyers, homeowners policy lawyers, and any other type of insurance lawyer needs to be able to read an insurance policy and know how the Courts interpret policies. A principle that has particular impact is the rule that insurance policies are strictly construed in…
Insurance lawyers need to know how insurance contracts are interpreted by the Courts. The 1984, Texas Supreme Court opinion styled, Puckett v. U.S. Fire Ins. Co., says that the rule for insurance policies is that they are strictly construed in favor of the insured to avoid excluding coverage. Exceptions or…
Bad faith insurance lawyers always want to see the policy a potential client has when a claim is denied. The words in the policy compared with the facts of the case will often determine whether or not the attorney can be helpful. When a policy has words or wording that…
When an insurance company delays in paying a claim, there is likely a violation of the Texas Prompt Payment of Claims Act. As a result it is important to have a good understanding of how the Prompt Payment of Claims Act is interpreted by the Courts. The statute, at Section…
Repeating what was stated in the post immediate to this one, “It is important to understand how difficult claims that are governed by the Employee Retirement Income Security Act (ERISA) can be. The law in this area of law is very tough for claimants.” This is illustrated again in a…
The Employee Retirement Income Security Act (ERISA) is a confusing area of law for most people who have those type of policies and it is also confusing for attorneys. An opinion dealing with the time periods for filing a life insurance claim are discussed at length in a 2021 opinion…
Hail damage claims, like most claims are unique to themselves. Questions that have to be answered in favor of the homeowner include, 1) when did the damage occur, 2) is the damage real damage versus cosmetic damage, 3) was there any damage already existing on the roof, 4) is hail…
Here is a case from the Eastern District of Texas wherein the insureds did not show that the damages they received were the result of a covered damage. The case is styled, Tim Whatley and Sheila Whatley v. Great Lakes Insurance, SE and McClelland & Hine, Inc. In this case,…
Here is a somewhat lengthy opinion in a case involving the Employee Retirement Income Security Act (ERISA) and a disability claim. The opinion is from the Western District of Texas, Austin Division, and is styled, Jason Thomas Young v. Reliance Standard Life Insurance Company and Matrix Absence Management, Inc. Plaintiff,…