The doctrine of concurrent causes is discussed in a 2020, opinion from the Southern District of Texas, Corpus Christi Division. The opinion is styled, Claude Hooker v. United Property & Casualty Insurance Company. Hooker sued his insurance company, United Property & Casualty Insurance Company (UPC) for windstorm benefits after Hurricane…
Here is an opinion for lawyers handling Employee Retirement Income Security Act (ERISA) cases. The opinion is a 2020, opinion from the Southern District of Texas, Houston Division, and is styled, Kimberly Holick v. Aetna Life Insurance Company. Holick was an employee of Parkway Chevrolet and covered under its Aetna…
For insurance lawyers this post points out an area where frequent mistakes are made. This has to do with the pleading standards in Federal Court and necessity of pleading proper facts to support a claim in Federal Court. A 2020, opinion from the Northern District of Texas, Fort Worth Division,…
Suing an insurance properly is not as easy as it might first seem. This is illustrated in a recent opinion from the Western District of Texas, San Antonio Division. The opinion is styled, Finger Oil & Gas, Inc. v. Mid-Continent Casualty Co., Et Al. Finger Oil sued Mid-Continent, Marsh USA,…
Whenever an insured is sued, the insured must provide notice to the insurance company. Here is a case where the insured did not do so. The 2020, opinion is from the 14th Court of Appeals and is styled, Krystle D. Lewis, Individually and as Next Friend of Eliseo Lewis and…
Insurance lawyers who have cases that could potentially end up in Federal Court need to know and understand Federal pleading standards. This is illustrated in a 2020, opinion from the Eastern District, Sherman Division. The case is styled, Angelina’s Restaurant v. Allied Insurance Company of America and Mary Keefer. Angelina’s…
Being the person or entity that purchased the insurance policy does not mean that you cannot still make a claim under the policy and thus, sue if necessary. The Texas Insurance Code grants standing to “persons”, the Texas Deceptive Trade Practices Act (DTPA) gives standing to “consumers.” A consumer is…
To answer the question above, let’s first look at third parties. In the 1994, Texas Supreme Court opinion styled, Allstate Insurance Company v. Watson, the Court declined to let a third party tort claimant sue the tortfeasor’s liability insurer. The Court held that the third party could not sue as…
An intended beneficiary of an insurance policy may sue under the Texas Insurance Code for any resulting harm. This is made clear in the 1996, 5th Circuit Court of Appeals opinion styled, Palma v. Verex Assurance , Inc. After reviewing Texas cases and other Fifth Circuit cases, the court concluded…
Who can sue insurance companies is sometimes obvious to much people but just in case it is not obvious, here is what the laws tell us. Texas Insurance Code, Section 541.151 grants a cause of action to a person who sustains actual damages caused by another person engaging in any…