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…
The answer to the titled questions is partially addressed in a 2019 opinion from the Southern District of Texas, Corpus Christi. The opinion is styled, MJ & JJ, LLC; dba Peacock Manor Apartments v. Clear Blue Specialty Insurance Company, et al. After sustaining hurricane damage, Peacock sued Clear Blue, Madsen,…
Insurance lawyers and anybody who has an insurance policy needs to know what the limitations period is in the insurance policy. This is illustrated in the 2019, 5th Circuit Court of Appeals opinion styled, Lillian Smith v. Travelers Casualty Insurance Company of America. Lillian sued Travelers for contractual and statutory…
As stated before, the insurance companies prefer to litigate cases in Federal Court. One of the ways to stay out of Federal Court when suing the adjuster for an insurance company is to clearly articulate the wrongs that the insurance adjuster committed. This is illustrated in a 2019, opinion from…
When it comes to claims dealing with automobile policies, here is a case that needs to be read. It is a 2019, opinion from the Texarkana Court of Appeals and is styled, Alan Kiely v. Texas Farm Bureau Casualty Insurance Company. Kiely sued Farm Bureau in an effort to recover…
Insurance lawyers know that almost all insurance policies require that an insured provide to the insurance company, prompt notice of a claim. The purpose of this prompt notice requirement is to allow the insurance company to investigate the claim while the facts of the claim are fresh. However, if the…
Claims involving property losses usually do not require expert testimony. But, if they do require expert testimony, it is important for an insurance lawyer to know how present the expert. This is illustrated in the 2019, opinion from the Southern District of Texas, Corpus Christi Division, styled, Mt Hawley Insurance…
Interpreting the number of accidents or occurrences that are covered by a policy can be confusing. The State Bar of Texas, Insurance Law Section, Insurance Journal, published an article titled, Texas Law And The Restatement Of The Law Of Liability Insurance: An Initial Comparison Of Blackletter Principles. This article dedicates…
Insurance lawyers understand that an insured has an obligation to cooperate with the insurance company investigation of a claim. This topic is briefly discussed in an article published by the State Bar of Texas, Insurance Section Journal. The article is titled, Texas Law And The Restatement Of The Law Of…