Here is a complicated case regarding policy cancellation. The case is from the Eastern District of Texas, Sherman Division, and is styled, Scottsdale Insurance Company v. All Citizens Transportation, LLC, et al v. Burns & Wilcox of Texas, Inc. et al. The procedural history is complicated and the opinion needs…
In the majority of cases it is best for a cases wherein an individual or small company litigates the case in State Court rather than Federal Court. As a result, knowing how to keep a case in Federal Court is important. Here is a 2020 opinion from the Eastern District…
Here is a 2020, case from the Eastern District of Texas, Sherman Division, that has an interesting twist. The case is styled, Jennifer Hamorsky v. Allstate Vehicle and Property Insurance Company and Charmell King. In this case, Jennifer sustained hail and wind damage to her home as the result of…
The answer to the titled question will vary according to the exact situation being reviewed. According to the 1994, Texas Supreme Court opinion, Celtic Life Ins. Co. v. Coats, an insurance company cannot escape liability by showing that it did not authorize the specific wrongful act. The Supreme Court in…
Bad faith claims are a common source of litigation. A 2020, opinion from the Southern District of Texas, Houston Division, discusses bad faith claims in the situations where an appraisal clause in the insurance contract allows for appraisal and that clause is invoked. The case is styled, Braulio Reyna v.…
Here is an opinion from the Texas Supreme Court that was issued in April 2020. This opinion deals with how an appraisal clause is handled when the appraisal clause is unilateral. The style of the case is Steven Biasatti and Paul Gross D/B/A TopDog Properties v. GuideOne National Insurance Company.…
Does an insurance company making a partial payment of a claim mean that they are responsible for the claim. The answer to this question and a couple of other questions was answered by the United States 5th Circuit in the April 2020, opinion styled, Sandford T. Pulley v. Safeco Insurance…
Prior to filing a lawsuit, if the lawsuit is filed making claims for violations of the Texas Deceptive Trade Practices Act, or the Texas Insurance Code, Chapters 541 or 542A, it is required that at least a 61 day pre-suit notice be given if the claimant wishes to recover all…
Attorneys who handle Employee Retirement Income Security Act (ERISA) cases need to be able to explain to potential clients how ERISA cases are handled / looked at, by the Courts. This is explained in a 2020 opinion from the Western District, San Antonio Division, case. The case is styled, Ramon…
Home owners claims are a frequent source of litigation. Here is a case from the Northern District of Texas, Fort Worth Division, that has a little different twist to it. The case is styled, Allen Ripley, et al v. State Farm Lloyds. Ripley’s home was damaged by a hail storm…