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…
The Texas Prompt Payment of Claims Act (TPPCA) sets forth rules for payment of claims and penalties for violation of those rules. Here is a case that deals with the TPPCA when there is an appraisal involved. The case is from the Northern District of Texas, Dallas Division, and is…
Insurance lawyers need to know ways to hold an insurance company liable for the conduct of one of it’s agents. Here is why. Sometimes an insurance agent does not have assets or insurance coverage to pay for his mistakes. If the insured customer cannot be made whole by pursuing the…
Here is something an insurance company does not like. An insurance company cannot escape liability by showing that it did not authorize the specific wrongful act of an agent. This was the decision in the 1994, Texas Supreme Court opinion styled, Celtic Life Ins. Co. v. Coats. Something similar is…
There are various acts or in-actions that an insurance agent can take that will hold not only the agent responsible but also the insurance carrier. An insurance company may be liable for unauthorized acts by an agent, if the agent is acting within the scope of his “apparent authority.” Actual…
Uninsured/Undersinsured (UIM) coverage has its own rules. It is sometimes hard to understand the distinction between UIM coverage claims and other tort claims and how this works with the Texas Insurance Code. However, this discussed in a January 2020, opinion from the United States Northern District Dallas Division. The opinion…