The Fort Worth Court of Appeals issued an opinion on November 15, 2018, that is worthy reading for lawyers handling uninsured / underinsured motorist coverage (UIM). The case is styled, William Blevins v. State Farm Mutual Automobile Insurance Company. This case is an appeal from a trial by Blevins against…
The Fifth Circuit Court of Appeals issued an opinion on November 14, 2018, in a situation which is going to be rarely seen, but is something for insurance lawyers to know exists. The case is styled, Sentry Select Insurance Company v. Lorena Munoz, Individually and on behalf of the Estate…
This 2018, Fort Worth Court of Appeals opinion is unique and involves a situation most life insurance lawyers will not ever see, however, it is worth knowing about due to some of the ruling by the appeals court. The case is styled, Old American Insurance Company v. Lincoln Factoring, LLC.…
Any Insurance Law Attorney knows the heart of the law regarding bad faith insurance is found in the Texas Insurance Code. Other sources include the Texas Department of Insurance and the Texas Administrative Code, among other sources. The Texas Insurance Code, Chapter 541, defines and prohibits unfair and deceptive insurance…
As has been discussed before, insurance companies would rather litigate cases in Federal Court instead of State Court. The reasons are numerous. One way to stay out of Federal Court is to defeat diversity jurisdiction under 28 U.S.C. Section 1332(a). This is most commonly done by suing a local adjuster…
Here is a situation almost never seen. It involves a case out of the Northern District of Texas, Dallas Division. It is styled, William M Arrington, Individually, as Beneficiary, and as Representative of the Estate of William L. Arrington v. Jackson National Life Insurance Company, Danny C. Burba, and Gordon…
Many times an insurance agent makes mistakes and those mistakes cost his customer, the insured. An experienced Insurance Law Attorney should be able to recognize when an agent violates a duty he owes to his customer. There are arguably several duties that exist for insurance agents in Texas, among them:…
What is the value of a claim? That is always the question. Just how much can be recovered depends on lots of factors. The Southern District of Texas, Houston Division, had a case recently wherein the insurance company filed suit in the Federal Court and the defendant tried to have…
A Fort Worth Federal Judge dismissed a lawsuit on October 11, 2018, wherein the claimant was suing his insurance company for it’s denial of a hail and windstorm damage claim. The case is out of the Northern District of Texas, Fort Worth Division. The style of the case is, University…
For Experienced Insurance Lawyers, the question of who has the burden of proof is made clear by Texas case law. (Not) Pursuant to the 1994, San Antonio Court of Appeals opinion, Telepak v. United Serv. Auto. Ass’n., the insured has the initial burden of proof as to damages covered by…