After reporting just a few days ago about a significant victory on an ERISA case, today we are reporting on a loss from the 5th Circuit. This case is from Eastern District of Lousiana but the appeals court is the 5th Circuit which is the same appeals court for cases…
The law office of Mark S. Humphreys, P.C. is pleased to announce a settlement in a case involving a disability policy. In this case the insured lady had purchased a disability policy through an advertisement she had received in the mail. The lady paid on the policy for a number…
Insurance attorney who handle denied claims and in particular insurance attorneys who are willing to take on an insurance claim governed by ERISA claim which has been denied, needs to read this opinion from the Eastern District of Texas, Sherman Division. The case is styled, Gina Pike v. Hartford Life…
Insurance lawyers need to read this recent opinion from the Southern District of Texas, McAllen Division. It is styled, Federico Flores Cazares, et al v. Allstate Vehicle And Property Insurance Company. This case / claim arises out of a claim for property damage made by plaintiffs against Allstate. Allstate sent…
The Penn Record published an article on March 18, 2019, discussing changes in insurance law in Texas. The article is titled “Texas Lawmakers Say The ALI’s Insurance Law Project Not Worthy Of Recognition By The Courts“. Legislation has recently been filed by Texas legislators to discourage Texas courts from relying…
Insurance policies need to be read carefully and complied with. The reason is that most times the courts are going to enforce the insurance policy provisions. This is illustrated in a 2019 opinion from the Southern District of Texas, Galveston Division. The case is styled, Benjamin Ford, et al v.…
One of the responsibilities for an insured who has a claim is to promptly report the claim to his insurance company. This is illustrated in this 2019, Southern District of Texas, Houston Division, opinion styled, Bobwhite Rentals, LLC v. National Liability & Fire Insurance Company. This is a summary judgment…
Filing a proof of loss as part of a claim is very basic to all insurance claims. This issue was a topic in a recent Fifth Circuit opinion styled, Andre Yanez v. American Strategic Insurance Coporation; E-Ins., L.L.C.; FKS Insurance Services, L.L.C. The lower court granted the insurers motion for…
The Law Office of Mark S. Humphreys, P.C. was able to get a settlement in a life insurance case recently that was not a normal situation. Texas has a law referred to as the “Slayer Statute.” This law which is found in the Texas Insurance Code, Section 1103.151, states that…
The law in Texas regarding who is excluded from receiving life insurance benefits when the insured has been killed is clear. Texas Insurance Code, Section 1103.151, says that the named beneficiary forfeits their rights in the life insurance proceeds if the beneficiary is a principal or accomplice in willfully bringing…