Texas homeowners have just experienced the worst loss state wide that has ever been experienced. Homeowners will be reeling from the damage and hopefully the insurance companies treat all their customers fairly. Unfortunately, there will be many customers who end up having their claim denied for one reason or another.…
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…
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 December 2020, opinion styled, Erica Talasek v. Unum Life Insurance Company…
Insurance lawyers who handle hail damage claims will need to read this opinion from the Western District of Texas, San Antonio Division. It is styled, Mazhar Footsteps, LLC v. Amguard Insurance Company and Michael Clayton Hepburn. This lawsuit arises from damages incurred by a hailstorm. Based on the way the…
Insurance companies always want to litigate cases in Federal Court. The Judges and rules related to proceedings tend to skew in favor of insurance companies. Here is a 2020 opinion where the insured actually got a favorable ruling. The opinion is from the Southern District of Texas, Houston Division, and…
Here is an interesting case from the San Antonio Court of Appeals. The opinion is styled, Infinity County Mutual Insurance Company v. Michael Tatsch. Tatsch had auto insurance with Infinity. Tatsch made a claim for engine damage. Infinity denied the claim and sent Tatsch a letter explaining its decision. The…
Insurance Policy interpretation is something the Courts are often called upon to do. Here is a twist to that. A 2020, case from the Southern District of Texas, Houston Division, was asked to require appraisers to use a specific format for an appraisal. The Court refused this request. The case…
In order to successfully pursue lawsuits against insurance companies, an insurance attorney must understand how the insurance company looks at their case. A big part of a lawsuit is deposition witnesses who are controlled by the insurance company. These people are usually the corporate representative, the adjuster, and experts. Hear…
First Party Property Insurance Cases are handled by insurance defense firms in certain ways. Here is a look at how most are handled, starting with answering the lawsuit. If the attorney for the plaintiff/insured has not sent a proper notice, the insurance lawyer may want to file a verified answer…
Here is a strange case from the Southern District of Texas, Houston Division. It is a 2020 opinion styled, Pruco Life Insurance Company v. Blanca Monica Villarreal, Transamerica Life Insurance Company v. Blanca Monica Villarreal. This is a hard fought dispute over a large life insurance policy and discovery being…