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…
Personal Injury Protection (PIP) is a coverage which is required by Texas law to be offered when a person purchases automobile coverage. One of the questions regarding this coverage is, why is it paid. This issue was partially addressed in the 2020, Texas Supreme Court opinion styled, Farmers Texas County…
Insurance lawyers know the insurance laws change every year and know that they have to keep up with those changes. One significant change was when Texas Insurance Code, Section 542A was added. While this change is to the advantage of the insurance company, there are times when the insurance company…
Here is a 2020, case wherein the Court allowed a petition to be amended and the result being that diversity jurisdiction was defeated. The opinion is from the Southern District of Texas, Houston Division. It is styled, Robert Jones v. State Farm Mutual Automobile Insurance Co. State Farm provides uninsured…
The purpose of exemplary damages is to punish someone for wrongful conduct. So, should an insurance company be required to pay for exemplary damages when the policy does not provide coverage for exemplary damages? This issue was addressed in a 2020, Western District of Texas, San Antonio Division, opinion styled,…
How much should a person be compensated when their vehicle is declared a total loss? A better question is – what are the elements that make up the total amount to be compensated? This issue is discussed in a 2020 opinion from the United States Fifth Circuit. The opinion is…
The concurrent-cause doctrine is a source of much litigation as it relates to storm damage to roofs and structures. This was the issue in a 2020, Western District of Texas, San Antonia Division, opinion styled, Ironwood Building II, LTD. and Principle Auto Management, LTD. v. Axis Surplus Insurance Company. This…
For Insurance Lawyers, Covid-19 has become a hot topic. Hardly a day goes by that a client is not asking questions regarding their insurance policy and whether or not the policy covers losses stained due to Covid-19. The National Law Review published an article recently that needs to be read…