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…
Here is another case wherein there was a failure to properly stipulate to the amount of damages involved in the case and thus, ended up having to litigate his case in Federal Court, rather than the State Court in which the lawsuit was filed. The case is from the Southern…
As stated before, insurance companies prefer to litigate cases in federal court, whereas, lawyers suing insurance companies prefer to litigate in state court. The laws are such that the insurance companies get their way most of the time. However, one of the ways to keep a case in state court…
Employee Retirement Income Security Act (ERISA). These cases are tough even under the best of circumstances. Lawyers who handle ERISA cases do not spend time advertising their great results. The reason is the ERISA law prohibits “great” results. A win is just getting what you should have received in the…
Most of the time, Personal Injury Protection (PIP) benefits are paid when a proper claim for them is made and then if a claim for Uninsured Motorist (UIM) benefits is made, the insurance company takes/gets an offset for the PIP benefits in any settlement that occurs. But what if the…
Claims for violations of the Texas Insurance Code must be stated properly against an insurance company adjuster. One way of doing this is talked about in this Western District of Texas, San Antonio Division, opinion styled, Jeanette Kotzur, David Kotzur v. Metropolitan Lloyds Insurance Company of Texas, Bryant Tullous, Michael…
As is acknowledged in the following case, the federal courts are mixed as to their rulings on the timing of when an insurance company adjuster is sued and how that affects diversity cases. This case is from the Western District of Texas, San Antonio Division. It is styled, Bexar Diversified…