The 5th Circuit Court of Appeals issued an opinion on January 31, 2019, in a case that is governed by the ERISA. The opinion is styled, Karen A. Rittinger v. Healthy Alliance Life Insurance Company. Here, the beneficiary of a health plan governed by ERISA brought action against the plan…
Life insurance claims that are denied for missed payments of premiums is pretty common. This issue was discussed in a Southern District of Texas, Houston Division, opinion styled, Colonial Penn Life Insurance Company v. Ashley E. Parker, et al. Robert Parker applied for a whole life policy with Colonial on…
Here is a Northern District of Texas, Fort Worth Division opinion issued by Justice Reed O’Conner. This opinion echoes similar opinions being issued in the Federal Courts in Texas. The style of this case is, Twanya Braden v. Allstate Vehicle and Property Insurance Company. Braden reported a claim for hail…
The Law Office of Mark S. Humphreys, P.C., recently got a surprise for his client when contesting an ERISA life insurance claim. The insured worked in Louisiana and had a life insurance policy through his employer. The insured was not married and did not have any children. Thus, the insured…
The Texas Prompt Payment of Claims Act was not violated in this situation. The case is from the Southern District of Texas, Laredo Division. It is styled, Jonnie Byrd v Liberty Insurance Corporation, et al. Following a hail storm, Byrd made a claim against her homeowner’s policy with Liberty for…
When a Plaintiff sues an insurance company in State Court, the insurance company is usually going to do everything it can to have the case removed to Federal Court. Plaintiffs normally lose this fight over which court the case will be litigated. Here is a case where the Plaintiff won…
Mark Humphreys law offices announce a recent settlement in two ERISA (Employee Retirement Income Security Act) cases in favor of clients. The laws of ERISA are governed by Federal Law rather than State Insurance Law. The laws are drastically in favor of the insurers. One case involved a claim for…
Here is a case to watch closely. The case is from the Eastern District of Texas, Sherman Division, and is styled, Charlotte Stephens v. Safeco Insurance Company of Indiana and Damon Edward Baker. Stephens sued Safeco and Safeco’s adjuster, Baker, after a hail storm claim which resulted in a lawsuit…
Insurance attorneys will find this Northern District, Dallas Division opinion helpful for seeing how the courts analyze situations where a complaint is trying to be amended in Federal court to add non-diverse defendants. The case is styled, Charity Ogunro v. Allstate Vehicle And Property Insurance Company. Ogunro filed this home…
For an insurance attorney to know the insurance adjuster did something wrong when it comes to a lawsuit is not good enough. When filing a lawsuit, the allegations of wrongdoing by the adjuster must be properly alleged in the lawsuit papers. This is illustrated in the Southern District, Corpus Christi…