Insurance lawsuits, as all lawsuits, require the parties involved to cooperate with each other in the discovery process and to abide by the Rules of Procedure. The results of failure to do so are illustrated in the 2018, Dallas Court of Appeals opinion styled, Farbod Ayati-Ghaffari v. Farmers Insurance Exchange.…
Here is an insurance subrogation case from the U.S. Southern District of Texas, Houston Division. It is a 2018, opinion styled, AXA Insurance Company a/s/o The Museum Of Printing History v. Yoau Electric Co. Ltd., LG Electronics U.S.A., Inc., and Chocolates El Rey Inc. The museum leased a portion of…
Suing Adjusters in federal court is often times difficult. The reason is that an adjuster is usually sued in state court in an effort to defeat diversity jurisdiction thus, keeping the case in state court. When an insurance company believes the adjuster has been sued solely to defeat diversity jurisdiction,…
Employee Retirement Income Security Act (ERISA) cases have their own set of rules. Two things stand out about ERISA cases. One is that a person is not entitled to a jury trial in an ERISA case, rather a Judge reviews the administrative record in the case when deciding who is…
Insurance company unfair settlement practices is dealt with in a specific section of the Texas Insurance Code. Look at Texas Insurance Code, Section 541.060. The statute prohibits engaging in any of the following settlement practices with respect to a claim by an insured or beneficiary: (1) misrepresenting to a claimant…
Here is a life insurance case that involves a plan under the Employee Retirement Income Security Act (ERISA). It is a 2018, 5th Circuit Court of Appeals case styled, Jason Crawford v. Metropolitan Life Insurance Company. This is a summary judgment case granted in favor of MetLife. This Court sustained…
A new law, Texas Insurance Code, Section 542A.006(a) matters in this case. The case is from the Western District of Texas, Austin Division. It is styled, Yan Qing Jiang v. The Travelers Home and Marine Insurance Company and Dana Ellen Pustka. Jiang filed this action in state district court alleging…
Most people do not know what an anti-assignment clause in an insurance policy means. This issue is discussed in a 2018, opinion from the 14th Court of Appeals. The opinion is styled, Safeco Insurance Company of America v. Clear Vision Windshield Repair, LLC. This case concerns anti-assignment clauses in insurance…
Life Insurance cases can have a surprising number of twists to them. Readers of the DallasFortWorthInsuranceBlog have seen some of these various twists. The U.S. District Court, Eastern District of Texas, Sherman Division, issued an opinion in a case styled, Reliastar Life Insurance v. Trina R. Wiemer, Laura R. Weimer,…
The U.S. District Court, Western District, Austin Division, issued an opinion on November 16, 2018, that is worth reading. It is styled, Thomas G. Kezar and Sylva Shroyer Kezar v. State Farm Lloyds. This is an appeal from a partial motion for summary judgement as to one issue in the…