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…
Well, Insurance Lawyers, here it is happening again. Knowing the little ways to keep a lower dollar case out of Federal Court are just too simple for it to happen again and again. This 2020, opinion is also from the Southern District, Houston Division, and is styled, Michael Dyll and…
Insurance lawyers should know ways that work to stay out of Federal Court. Not knowing how to properly plead the case will result in the case being in Federal Court. This is illustrated in a January 2020 opinion from the Southern District of Texas, Houston Division, styled, Mario Rodriguez v.…
Lawyers who handle insurance claims have to know the pleading requirements for alleging fraud when a lawsuit ends of in Federal Court. Otherwise, the fraud allegations can be thrown out of Court. This is illustrated in a February 2020 opinion from the Southern District of Texas, Houston Division. The opinion…
ERISA stands for Employee Retirement Income Security Act. When making an insurance claim related to employment, it is important to know it the claim is subject to ERISA, which is governed by Federal Law, or not ERISA, in which case the claim is governed by State Law. Plus, there are…
Almost all insurance policies contain a requirement that the insured submit to an examination under oath (EUO) as often as is necessary for the insurance company to complete its investigation of the claim. EUO”S were the topic in a Western District of Texas, Austin Division, opinion recently. The opinion is…