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…
When Life Insurance claims are denied, a beneficiary should always have an insurance attorney look over the reasons for denial. Most the time an experienced life insurance lawyer can find a way to make a recovery on the case. But, sometimes it doesn’t work out. An opinion form the Southern…
Claims denial law firms are usually well versed on the ways to handle cases that end up in Federal Court when that was not the original intention. This is illustrated in a 2020 opinion from the Western District of Texas, Austin Division. The opinion is styled, Jose Rodriguez v. State…
When an insurance claim gets denied and a lawsuit results, the resulting legal battle needs to be dealt with properly. This can be challenging. An illustration of this can be found in a 2020, opinion from the Eastern District, Sherman Division, in an opinion styled, Oscar Bermudez and SA Polo,…
Attorneys who handle insurance claims denial cases learn real fast about the requirement to segregate damages, especially with roofing cases. This is illustrated in a 2020, Eleventh Court of Appeals opinion styled, Prime Time Family Entertainment Center, Inc. v. Axis Insurance Company and Andrew Jencks. This case presents the question…
Bad Faith claims will sometimes require a separate trial. This is illustrated in a 2020, Tyler Court of Appeals opinion styled, In Re: Progressive Casualty Insurance Company. This case is a mandamus action resulting from the trial court refusing to sever and abate the extra-contractual claims and compelling discovery. The…
Here is a life insurance denial case that is a bit confusing at the least. The opinion is a 2020, opinion from the Western District of Texas, San Antonio Division. It is styled, Tina M. Hale, as next of kin of Michael Hale, Deceased v. Assurity Life Insurance Company. On…