When a claim gets denied and the insured has to file a lawsuit, a decision has to be made as to which Court the lawsuit should be filed. For the insured, that decision is usually to file suit in the State or County Court. However, the insurance company is virtually…
The issue of which county is a proper county to file a lawsuit against an insurance company is not normally an issue. However, a 2020, Beaumont Court of Appeals had this issue before them in a mandamus action styled, In Re Mountain Valley Indemnity Company, Shane Waddell, Lonnie Tidwell, National…
Insurance lawyers learn quickly that when suing an insurance agent who sold a policy that the allegations against the agent must be specific. Being too general with allegations can result in a battle being fought in Federal Court when usually the lawyer would want the fight to be in State…
Insurance lawyers need to read this 2020, opinion from the United State Fifth Circuit Court of Appeals. It is a good opinion for attorneys who represent policy holders. The opinion is styled, Jesus Agredano: Margaret Agredano v. State Farm Lloyds. The Agredando’s sued State Farm after State Farm denied their…
Here is a life insurance case which is governed by the Employee Retirement Income Security Act (ERISA). The opinion is from the Southern District of Texas, Houston Division. It is styled, Heidi Ballard v. Lincoln Life Assurance Company of Boston. The deceased had an accidental death life insurance policy which…
Properly notifying an insurance company about a claim is not always as simple as it might seem. This is illustrated in a 2020, opinion from the Northern District of Texas, Dallas Division. The opinion is styled, Vela Wood PC, et al v. Associated Industries Insurance Company, Inc. This case is…
Here is a case worthy of all attorneys handling Employee Retirement Income Security Act (ERISA) cases should read and take note about. The opinion is from the Northern District of Texas, Dallas Division. It is styled, James W. Newsom v. Reliance Standard Life Ins. Co. The most noteworthy aspect of…
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,…