Texas Insurance Code, Section 542A.006(c), is being a source of frequent litigation in Texas since it was en-acted. The various Federal Courts are treating it differently. Here is a case from the Western District of Texas, Austin Division, dealing with this issue. The case is styled, Shiv Partners LTD and…
Here is another of the cases where the insured is suing the insurance adjuster and the insurance company is arguing the new law found in the Texas Insurance Code, Chapter 542A governs the case. The case is from the Southern District of Texas, Houston Division. It is styled, D.U.R. Properties…
Here is a case arising out of the Employee Retirement Income Security Act (ERISA) which involves life insurance. The case is from the Northern District of Texas, Lubbock Division. It is styled, Elizabeth Hernandez v. Unum Group v. Sara Hernandez and Jose Hernandez. The basic Facts are that Xavier Hernandez…
Here is a homeowners claim from the Northern District of Texas, Amarillo Division, that is interesting. The case is styled, Valerie Smith v. State Farm Lloyds. This is a summary judgment opinion wherein State Farm asserts that it is entitled to summary judgment because it notified Smith two months before…
Life insurance claims which are denied, often end up being litigated in Federal Court and thus, have to be analyzed differently than when in State Court. Here is a case from the Northern District of Texas, Dallas Division, which illustrates why an experienced insurance law attorney is needed. The opinion…
Here is a case that is seen frequently. It will be interesting to see if this is what all Federal Courts faced with this situation decide. This opinion is from the Northern District of Texas, Dallas Division, and is styled, Sharon Wihlenmaier v. Allstate Indemnity Company. Plaintiff filed her Original…
Life insurance claims which are denied, often end up being litigated in Federal Court. Here is a case from the Northern District of Texas, Dallas Division, which illustrates why an experienced insurance law attorney is needed, particularly when the case is going to be litigated in Federal Court. The opinion…
Insurance lawyers will get frequent phone calls from a life insurance beneficiary wherein the beneficiary had a spouse who has died and that spouse had life insurance that had been obtained through their employer/work. This was the case in a recent opinion from the Western District of Texas, El Paso…
Most insurance cases settle. This sums up insurance lawsuits. The State Bar of Texas has a section called the Insurance Law Section. The Insurance Law Section puts out a quarterly journal called “Journal of Texas Insurance Law.” A recent article discusses having an insurance company as a client and how…
Knowing how an insurance company looks at lawsuits that result after a claim is denied is valuable. The State Bar of Texas, Insurance Law Section, publishes a journal called Journal of Insurance Law. This Journal recently published an article discussing how lawyers who have insurance companies as clients, look at…