Lawyers handling insurance claims run into situations where damages that have occurred to property have to be segregated. This happens most often in the context of hail and wind damage to property. The U.S. District Court Northern District of Texas, Dallas Division, issued an opinion that does a good job…
Dallas Fort Worth Insurance Lawyer Blog
Insurance Law And Trials
Here is a situation where the insured won at the trial level of the case but ended up losing on appeal. The case is from the Amarillo Court of Appeals and is styled, State Farm Lloyds v. Robert MacKeen and Rebecca MacKeen. The facts in the case are not particularly…
National Flood Insurance Program And Limitations
Lawyers who handle National Flood Insurance Program claims, otherwise known as the National Flood Insurance Act of 1968 (NFIA) need to understand the difference between NFIA claims and other insurance claims. One of the big differences is the shortened statute of limitations that applies to NFIA claims. This is illustrated…
Texas Insurance Code, Section 542A.006
The Texas Insurance Code, Section 542A, became the law in Texas in September 2017. The cases involving this law are working their way through the Court system. This law was recently discussed in a U.S. Southern District, Houston Division opinion styled, Greatland Investment, Inc., a/b/a Southwest Plaza v. Mt. Hawley…
Insurance Company Accepting Responsibility For Adjuster
Most Insurance Lawyers are by now, aware of the new insurance law that went into effect in Texas as of September 2017. This new law is found in the Texas Insurance Code, Section 542A.006(a)-(c). The law law allows an insurance company to accept liability to for an adjuster. This new…
Claims – Segregating Damages
For Insurance Attorneys, here is a case that is important to know and understand. The case is from the Western District of Texas, San Antonio Division. It deals with segregation of damages when required under an insurance policy. The case is styled, Mark Sadovsky v. Nationwide Property and Casualty Insurance…
Prompt Notice To Insurance Company Of Claim
Insurance attorneys know that a requirement of most insurance policies is that an insured give prompt notice to their insurance company of any claim. This is illustrated in a recent Western District of Texas, San Antonio Division opinion styled, Mark Sadovshy v. Nationwide Property and Casualty Insurance Company. This lawsuit…
Timely Naming A Defendant In Federal Court
When insurance lawyers know of a defendant who could be named in a lawsuit, they need to sue that defendant immediately. Waiting until after a non-diverse defendant has removed the case to Federal Court may be waiting too long. This is illustrated in the Southern District of Texas, Houston Division,…
Negligent Misrepresentation
Here is a case where the insured’s are claiming the agent misrepresented a policy. The style of the case is Frederic Muratore and Lillian Muratore v. Texas Farmers Insurance Company, and McKenzie Shoaf. The case is from the Southern District of Texas, Houston Division. The Muratore had purchased flood insurance…
Life Insurance And Interpleader Action
Life insurance lawyers will get calls from people who may or may not be entitled to life insurance proceeds after someone has died. In these situations, that being situations where more than one person is making a claim for life insurance benefits, the insurance company will usually file a lawsuit…