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…
As has been said many times and will be said many more times, the insurance companies prefer to have their cases in Federal Court. The rules of procedure, in the opinion or most lawyers, are more favorable to insurance companies. The pleading standards are illustrated yet again in a Western…
The Law Offices of Mark S. Humphreys announces the settlement of another Credit Life & Disability policy. In this case, Mark’s client purchased an automobile and as part of the purchase Mark’s client was offered the opportunity to purchase a ”’Credit Life & Disability” policy which would pay off his…
It is well known among insurance lawyers that an insurance company always wants to have its lawsuit contested in Federal Court. The U.S. Southern District, Corpus Christi Division, issued an opinion in 2018, that deals with the subject of which court a case should be litigated. The style is, La…
National Law Review published an article dated January 17,2019, titled “Some Thoughts On Proving An Insurance Contract In Court.” The article tell us insurance companies often have their backs against the wall in any dispute. Typically, in a coverage or premium action brought by the insurance company, it bears the…
A 1994, Texas Supreme Court opinion styled, Chicago Title Ins. Co. v. McDaniel, is a case that says title insurance is different than your normal insurance. This is a summary judgment case in favor of the insurer. This Court affirmed the finding in favor of Chicago Title. In September 1983,…