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…
Almost all insurance contracts contain appraisal clauses. These clauses are discussed in a January 2020 opinion from the Southern District of Texas, McAllen Division. It is styled, Erasmo Gonzalez v. Allstate Texas Lloyds. In this case, the Court had urged the parties to discuss appraisal early in the case and…
Here is another one of those removal cases wherein the situation is a situation that will not occur very often. This case is from the Northern District of Texas, Dallas Division, and is styled, Jeff Conkey and Shannon Mitchell v. Monica Corker, IAT Insurance Group Specialty, and Acceptance Indemnity Insurance…
Insurance lawyers need to know the various ways other insurance lawyers have attempted to pursue an insurance company and the ways that work and the ways that do not or have not worked. Here is a different approach that failed to work. This is an opinion from the Northern District…
Asserting a claim against an insurance adjuster must be done properly if the goal is to keep the adjuster in the case. Often times suing the insurance company for the acts of the adjuster is good enough to properly maintain a lawsuit. Other times the adjuster needs to be brought…
Uninsured motorist protection (UIM) historically has been its on little niche of the law that was not purely tort law or purely contract law. Creative attorneys have recently been having success seeking UIM claims by way of a Declaratory Judgment Action. The most recent case is from the Corpus Christi…
Insurance lawyers seem to have a lot of confusion regarding insurance contracts with appraisal provisions contained within them and how to interpret and handle them. This issue was addressed in a January 2020 opinion from a Southern District of Texas, Houston Division. The opinion is styled, William A. Linnus and…
Failure to follow the rules related to Insurance Law can have bad consequences. This is seen in a September 2019, opinion from the Southern District of Texas, Corpus Christi Division. The opinion is styled, Libardo Taboada v. State Farm Lloyds. This case was dismissed by the Court for Libardo’s failure…
What is a First Party claim versus a Third Party claim? A “first party” policy typically involves insurance that provides policy benefits directly to the insured or beneficiary in the event of a loss. The Texas Insurance Code, Section 541.051(2) defines “first party claim” as a claim “by an insured…