The Southern District of Texas, Houston Division issued an opinion in an unusual case in February 2019. The case is styled, Patricio Delgado v. Allstate Texas Lloyds. The case had been removed to federal court based on diversity jurisdiction. Four parties sued Allstate on four properties in four states. Allstate…
Dallas Fort Worth Insurance Lawyer Blog
Portable Policy And ERISA
Here is another case for life insurance lawyers to read and make part of their knowledge of life insurance cases involving ERISA. The case is from the Northern District of Texas, Dallas Division. The case style is, Stephanie Taylor v. Metropolitan Life Insurance Company. This ERISA life insurance case was…
Who Pays?
Here is a case from the San Antonio Court of Appeals to know and read. It is styled, MGR, Inc. and Miracle Body and Paint, Inc. v. Geico Casualty Company. Miracle is appealing a summary judgment in favor of Geico. Miracle is an independent auto body shop and has performed…
Duty To Defend Insurance Case
Here is a type of case insurance lawyers do not see very often. It is from the Southern District of Texas, Corpus Christi Division. It is styled, Lamarr Womack & Associates, L.P.; dba LWA Architects, et al v. Lexington Insurance Company. LWA filed a claim against Lexington seeking a defense…
Press Release # 6
The Law Office of Mark S. Humphreys, P.C. is pleased to announce a settlement in a life insurance dispute between Mark’s client and the wife of a lady who killed her husband, claiming the killing was self-defense. Mark’s client was the daughter of the deceased husband and the secondary beneficiary…
Federal Law And Texas State Forfeiture Statute
How does Federal law work with the Texas Slayer Statute, Texas Insurance Code, Section 1103.151? This question is answered in the 1992, Fifth Circuit opinion styled, Metropolitan Life Insurance Co. v. White. This is a summary judgement case. Terri Yohey was the named insured under a group life insurance policy…
Life Insurance And Murder – ERISA
What happens when the named beneficiary on a life insurance policy intentionally causes the death of the insured? That was the question in this case from the Western District of Texas, San Antonio Division, opinion styled, Garrett Bean and Aneila Bean v. Minerva Alcorta. Plaintiff’s father,Garry, has a $130,000 life…
Press Release #5
The Law Office of Mark Humphreys, P.C., is pleased to announce the settlement of a life insurance case wherein the life insurance company recognized they owed the policy benefits but was unsure who was entitled to the money. In this case, the deceased had named his wife as the primary…
Suing In Federal Court
Most insurance attorneys try to stay out of federal court. Here, a pro se plaintiff filed his case in federal court. The case is from the Eastern District of Texas, Sherman Division. It is styled, Marlon Green v. Covenant Transportation Group, Inc., et al. The case was dismissed because Green…
Delay In Paying Claim – Texas
The Texas Prompt Payment of Claims Act was interpreted by the United States Fifth Circuit in this 2015 opinion. The opinion is styled, Cox Operating, L.L.C. v. St. Paul Surplus Lines Insurance Company. The facts are kinda long ans somewhat confusing, plus there are other issues in the case. Of…