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…
Have we ever mentioned that the insurance companies prefer to fight cases in federal court rather than state court? And that insurance lawyers representing people who have a claim against their insurance company would prefer to litigate the case in state court? Here’s a case dealing with the $75,000 pleading…
The subject of anti-assignment clauses was discussed in an article published in the State Bar of Texas, Insurance Section, Journal. The article is titled “Texas Law And The Restatement Of The Law Of Liability Insurance: An Initial Comparison Of Blackletter Principles.” The article is lengthy and a good read for…
The issue of whether or not punitive damages are covered under a liability policy is very important in a case where punitive damages are being sought by an injured party. The State Bar of Texas, Insurance Section, published an article discussing this issue. The article is titled, Texas Law And…
Many people think of insurance for covering something you own when it is damaged, such as your home or auto. Or, people thing if health insurance and life insurance. But there is another type of insurance that is important to all of us. That is liability insurance. This is the…
Here is another Texas Insurance Code, Section 542A.006 case. The opinion is from the Texas Southern District, Laredo Division. It is styled, Yarco Trading Company, Inc., et al. v. United Fire & Casualty Company, et al. This case was filed in State Court and United removed the case to Federal…
Here is an opinion from the Fort Worth Division, Northern District of Texas, that discusses insurance policy interpretation. The opinion is styled, Suzann Ross v. Hartford Lloyd Insurance Company. Ross had homeowners insurance coverage with Hartford and suffered a windstorm loss. Ross made a claim for benefits and Hartford adjusted…
Claiming an insurance company has committed fraud, as in all fraud claims, it must be stated who communicated the fraud, what was said, when it was said, where it was said, and how the statement was fraud. All of this is particularly true when the lawsuit is in Federal Court…