Lawyers handling insurance disputes know that often times the wrongs committed in an insurance dispute are committed by the agent who sold the policy. When it comes to the conduct of insurance agents and their relationship with the insurance company, there are two kinds of authority. There is “actual authority”…
As has been stated many times, insurance companies prefer to litigate lawsuits in Federal Court rather than State Court. Conversely, it is usually better for someone suing an insurance company to litigate the case in State Court rather than Federal Court. Here is a 2019, opinion from the Southern District…
Here is some information about ways of holding an insurance agent responsible for his actions or in-actions. Does an agent have a duty to explain policy terms and coverages to customers? Does an agent have a duty to offer higher limits or additional coverages? Generally, the courts have said the…
Insurance agent mistakes can be a big cause of litigation. Everyone makes mistakes, and insurance agents are not immune. The very complexity of the insurance business creates numerous opportunities for errors and omissions to creep into an agency’s operation. An insurance agent has / serves two masters – the insured,…
Insurance lawyers know and understand that before suing an insurance company for denying a claim, the insurance company must be given the statutory presuit notice of the intent to file a lawsuit. This was recently illustrated in a December 23, 2019, opinion from the Northern District of Texas, Dallas Division. …
Insurance lawyers and lawyers who practice law in Federal Court know the requirements for a case to be in Federal Court. Most of the time, lawyers representing clients who are suing an insurance company try to stay out of Federal Court. Pursuant to 28 U.S.C., Section 1332(a), for an insurance…
The courts interpretation of the new rules regarding suing an insurance adjuster need special attention. This is illustrated in the 2019, opinion from the Northern District of Texas, Wichita Falls Division. The case is styled, Barnes Burk Self Storage, LLC v. United Fire & Casualty Company and Traci McCormick. Barnes…
Insurance cases in Federal Court require the pleadings to be substantive. This is seen in a 2019, decision from the Southern District of Texas, Corpus Christi Division. The decision is styled, Alvira Blue v. Allstate Vehicle and Property Insurance Company. Allstate filed a motion with the Court requesting that Blue’s…
Insurance property claims are a very big part of claims made against insurance companies. As part of those property claims that get denied, it is important to properly prove the property damages by attaching a dollar value to them. One way of proving the dollar value of these property damages…
Insurance lawyers know that if a jury is convinced of the wrong an insurance company has committed that there is a chance to recover a trebling of the actual damages in the case. So how does that work? This is discussed in a 2019, opinion from the Texas First Court…