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…
There are deadlines for filing lawsuits and if those time limits are not honored, then there is no case. This is illustrated in a Southern District, Houston Division, opinion released on July 2, 2019. The case is styled, Nancy Roberson v. Allstate Vehicle and Property Insurance Company. Roberson sued Allstate…
The title of this blog topic should be “Insurance Company Gone Wacko”. The case at issue here is from the Fifth Circuit Court of Appeals. It is styled, Frederking v. Cincinnati Insurance Company. This case involves Frederking being injured by an insured of Cincinnati who was intoxicated at the time…
The Western District of Texas, San Antonio Division, issued an opinion on July 1, 2019, discussing the handling of under-insured motorist (UIM) claims and how they are handled by the courts. The case is styled, Laura Lee Green v. Allstate Fire And Casualty Insurance Company. Green sued Allstate for UIM…