How do you calculate the beginning date and end date for violation of the Texas Prompt Payment of Claims Act? The start date was calculated in the previous post. Here is a discussion on the end date for calculation. The statute does not say when the penalty stops accruing. No…
When does the time to start calculating the time a payment is due under an insurance policy claim? Good question but not an easy answer. The penalty for violation of the Texas Prompt Payment of Claims Act is an 18% penalty on the amount due and owing on the claim…
Uninsured motorist (UM) claims are in a category unto themselves. This is illustrated in a 2019, opinion styled, Ali Duhaly v. The Cincinnati Insurance Company. The opinion is from the Southern District of Texas, Houston Division. Duhaly sued Cincinnati alleging breach of contract, among various other causes of action. Duhaly…
Here is a situation where a lawsuit to which Texas Insurance Code, Section 542.006 applies. The remedy this Court applied to the case appears to be a distinction without a difference. The case is a 2019, Southern District of Texas, Laredo Division, opinion. The case is styled, Axel Brokers, Inc.…
Here are some new laws enacted in the State of Texas that went into effect on September 1, 2019. There were several transparency and consumer protection bills that were passed in the wake of Hurricane Harvey. The most significant bills were related to flood, wind, and hail, although significant legislation…
Bad Faith insurance claims often involve allegations of some sort of fraud by the insurance company and / or the adjuster handling the claim. The Southern District of Texas, McAllen Division, issued an opinion recently dealing with allegations of fraud against an insurance company. The opinion is styled, Cesarea Trevino…
ERISA has it’s own set of rules and regulations and is unlike normal insurance that is governed by State laws and the Texas Department of Insurance. Here is a 2019, opinion from the Eastern District of Texas, Sherman Division, that deals with ERISA and a claim for Long Term Disability…
When an insurance company delays in paying a claim, the claimant may be entitled to relief under the Texas Prompt Payment of Claims Act. The Texas Prompt Payment of Claims Act, Section 542.060 provides that (1) if an insurer that is liable for a claim under an insurance policy is…
Here is a case where the statute of limitations defense by the insurer did not work. The case is from the Southern District of Texas, Houston Division. It is styled, Arcelia Flores, et al v. Allstate Texas Lloyds. Allstate filed a Motion for Summary Judgement based on the statute of…
When suing an insurance company for insurance fraud, especially in Federal Court, the insured needs to plead with specificity. This is illustrated in a 2019, opinion from the Southern District of Texas, Laredo Division. The opinion is styled, Salvador Aviles v. Allstate Fire and Casualty Insurance Company. Aviles had a…