Insurance disputes involving smaller claims can properly be handled in a State or County courts if the insurance lawyer knows how to keep the case from being removed to Federal court. This is illustrated in the 2019, opinion styled, Michael Ihekoronye v. United Property & Casualty Insurance Company. Plaintiff, Michael…
The standard for recovery of bad faith or extra-contractual damages is discussed in this 2019, Northern District of Texas Dallas Division opinion styled, Carolyn Kee v. Safeco Insurance Company of Indiana. Kee sued her homeowner insurer, Safeco, for improperly adjusting her claim for damages. Safeco’s adjuster adjusted the claim saying…
Just saying the claim was paid is not enough. In Court, the insurance company needs to prove the claim was paid and paid timely in order to prevail on a Motion For Summary Judgment. Here is a case from the Northern District of Texas, Dallas Division. It is styled, Carolyn…
Insurance lawyers may not be perfect in all their actions but if a person wishes to sue an insurance company, get an insurance lawyer, don’t do it yourself. This is illustrated in a recent Fifth Circuit opinion styled, Thomas Petty v. Great West Casualty Company. This is an appeal resulting…
Here is a situation not discussed before and one that rarely happens. However, it does discuss law that may be relevant to insurance lawyers in other cases. The case is from the Southern District of Texas, Houston Division. It is styled, Randy Randel and Debra Randel v. Travelers Lloyds of…
Here is a case involving a plumbing leak. What is a little unusual about this case is the insurance company is attempting to sue Texas Insurance Code, Section 542A.006(c), to have this case heard in Federal Court rather than the State Court in which the case was filed. The style…
For insurance lawyers, a favorable way to increase the odds of a win or favorable settlement is to be able to litigate a case in State Court rather than Federal Court. Here is a win for keeping a case in State Court. This is a 2019, opinion from the Eastern…
Here is a strange case. The insurance company is claiming their insured has not adequately proven he has an insurance policy with the insurer. This opinion is from the Northern District of Texas, Fort Worth Division. It is styled, Michael Harris v. Meridian Security Insurance Company et al. In this…
Insurance lawyers need to know the time lines for an insurance company to pay claims under the Texas Prompt Payment of Claims Act and they need to know the legal reasons for those time lines being extended. Pursuant to Texas Insurance Code, Section 542.056(d), if the insurance company cannot accept…
Here is a homeowners claim that has a different twist to it. The case is from the Southern District of Texas, Corpus Christi Division, and is styled, Kenneth Stokley v. Allstate Texas Lloyds. In this case the Plaintiff, Stokley filed a Motion to Compel Appraisal and Allstate is trying to…