The Texas Insurance Code requires that life insurance policies contain incontestability clauses. These are a provision that a policy will be incontestable after it has been in force during the lifetime of the insured for two years from its date, except for nonpayment of premiums. This is found in Section…
Life insurance lawyers need to be know this 1990, opinion from the Texas Supreme Court. It is styled, Koral Industries v. Security-Connecticut Life Insurance Co. It is not uncommon for a beneficiary of a life insurance policy to concede that misrepresentations regarding health were made on an application for life…
The Texas Supreme Court has rendered an opinion which concerns the Texas Prompt Payment of Claims Act (TPPCA). The opinion issued on June 8, 2019, and is styled, Barbara Technologies Corporation v. State Farm Lloyds. In this case, the Texas Supreme Court reversed the appeals court judgment, which had granted…
Here is another Federal opinion discussing Texas Insurance Code, Section 542A. The opinion is from the Eastern District of Texas and is styled, John McAdams v. Palomar Specialty Insurance Company, Wellington Claim Service, Inc. and Nicholas Abdallah. McAdams had a homeowners insurance policy with Palomar when he suffered damages alleged…
Texas Insurance Code, Section 542A, is being used regularly now by insurance companies to prevent Plaintiffs from defeating diversity jurisdiction. This Insurance Code Section was discussed by a court in the Southern District of Texas, Houston Division, in a case styled, Robert Ewell v. Centauri Specialty Insurance Company, et al.…
The vast majority of insurance cases are Ordered by a Court to participate in a mediation. There is good reason for this. Most cases, if they do not settle before mediation, will settle at mediation. The settlement brings an end to the litigation between the parties and saves court time…
Like it or not, an insured suing his insurance company has a much better chance of getting a favorable or more favorable result in State Court versus Federal Court. And, the insurance companies know this. As a result, an insurance company is always seeking to have a case heard /…
Lawyers handling hail damage claims have to prove the claim. This is illustrated in a Southern District of Texas case styled, Faustina Ortiz v. United States Liability Insurance Group, et al. Ortiz owns a restaurant in Conroe, Texas. He had a policy of insurance with United that provided coverage for…
Insurance lawyers always want to remove cases filed by insured’s to the Federal Courts. In most instances they are successful in these efforts. Here is a situation where the insurance lawyers were too late in getting the case removed to Federal Court. This case is from the Southern District of…
Here is an opinion issued by a Magistrate Judge from the Western District, Austin Division, which says that the insurer was too late in accepting responsibility for the acts of its agent, the adjuster, when the company accepted responsibility the day before removal was filed. The case is styled, Robbins…