Providing an insurance company with a “Sworn Proof Of Loss” is a requirement under most insurance policies. This is illustrated in the 2020, Amarillo Court of Appeals opinion styled, City of Spearman, Texas v. Texas Municipal League Intergovernmental Risk Pool. This case is an appeal from a summary judgment granted…
Insurance and Covid-19 usually come together in commercial insurance policies. The relevant part of a policy is usually referred to as “business interruption” coverage. This issue was recently discussed in an article published in the National Law Review. Here is a what a lot of what the article tells us. …
When it comes to interpreting an insurance policy, the Courts are suppose to read the relevant portions of a policy and see how the policy language tracks with whatever the facts are in a claim. Many claims are denied due to the insurance company believing the policy says something or…
Insurance lawyers will always ask for a copy of the policy when an insured complains that their claim for benefits has been denied and the reason for denial is based on the language in the policy. In Texas, insurance companies are required to explain to a policy holder the reason…
Lawyers who handle bad faith insurance cases will usually tell you that it is not necessarily easy to explain but as it relates to “bad faith” you know it when you see it.This is discussed a little bit in a 2020 opinion from the Western District of Texas, San Antonio…
Here is a 2020, case from the Southern District of Texas, Houston Division, that deals with life insurance wherein the life insurance plan is subject to the Employee Retirement Income Security Act (ERISA). The case is styled, Wagma Mina Huerta v. Metropolitan Life Insurance Company, et al. This case, filed…
Here is a case wherein the owner of a commercial insurance policy sued the insurance company for his personal injuries. This case is from the Western District of Texas, El Paso Division, and is styled, Ismael Pease v. State Farm Lloyds. State Farm issued a business owners liability policy to…
Insurance lawyers know that suing an adjuster when it can be done, is preferable to not suing the adjuster. There are reasons for this that have been discussed in previous blogs. The Southern District of Texas, Brownsville Division, had a case dealing with this issue in February 2020. The style…
Insurance lawyers know the law about insurable interest goes back to 1866, in a United States Supreme Court opinion styled, Howard Fire Ins. Co. v. Chase. An insurable interest is necessary for the following reasons: – to prevent gambling – to reduce intentional loss – to enforce the principle of…
Insurance lawyers know that a party must have an insurable interest in the insured property to recover under an insurance policy. This is made clear in the 1993, Dallas Court of Appeals opinion styled, Jones v. Texas Pac. Indem. Co. It is not necessary that the party owns the property…