Here is an opinion from the Northern District of Texas, Dallas Division, that concerns hail damage and segregating damages. The opinion is styled, Frymire Home Services, Inc. and Whitfield Capital, LLC v. Ohio Security Insurance Co. This is a summary judgement opinion in filed by Ohio and the Court granted…
Insurance lawyers can tell a client that proper pleadings, especially in Federal Court, are essential to being able to have a day in Court. This is illustrated in a 2020, opinion from the Eastern District of Texas, Sherman Division. It is styled, Albion Investments, Inc. v. Travelers Casualty Insurance Company…
Here is a case that may apply to many of the rural areas of Texas. The case is a 2020, opinion from the Corpus Christi Court of Appeals and is styled, State Farm Mutual Insurance Company v. Rolando Lopez, Individually and Rolando Lopez D/B/A R&A Transport. This is an appeal…
Here is a claims denial opinion worth reading. It is a 2020 opinion from the Northern District of Texas, Dallas Division. It is styled, DFWS, LLC v. Atlantic Casualty Insurance Company. Atlantic insured DFWS. DFWS alleges it suffered damages as the result of a tornado and high winds. After making…
Here is an opinion from the Northern District of Texas, Dallas Division, that discusses the pleadings in a lawsuit where in the property owner claims to have suffered hail damage and the insurer denied the claim. The opinion is styled, Valtex Properties LLC v. Central Mutual Insurance Company. The insured,…
The Employee Retirement Income Security Act of 1974 (ERISA) offers many of the same types of insurance coverage for individuals as other plans. The distinctions with ERISA is that the plan is a plan for employers to offer to employees that is set and governed by Federal Law rather than…
It is easy to get focused on the factual parts of a lawsuit. In other words, what happened, who did what, who said what, etc. As insurance lawyers, the legal aspects of the lawsuit need to be watched carefully. This is illustrated in the November 2020, opinion styled, Tim Long…
Well, here is a case where the claim isn’t denied. In fact it was paid. But now the insurance company is suing the person who received the money and seeking to have the money returned. The opinion is a 2020 opinion from the Western District of Texas, San Antonio Division,…
The Employee Retirement Income Security Act (ERISA) provides various kinds of insurance to employees. The important thing for insurance lawyers to know about ERISA is that it is governed by Federal law and it preempts State law. This is illustrated in a 2020, opinion from the Western District of Texas,…
Virtually all insurance lawyers would like to see the “claims manual” each insurance company has made for its use. Being able to access that claims manual is discussed in a 2020 opinion from the Northern District of Texas, Dallas Division opinion styled, Jose Chavez v. Standard Insurance Company. Chavez had…