When an insurance adjuster makes mistakes in handling a claim, it is usually necessary to sue the adjuster in addition to suing the insurance company. The trick is properly suing the adjuster. A 2023 opinion from the Northern District of Texas, Dallas Division, dealt with properly suing the insurance company…
Many life insurance cases are fights between potential beneficiaries of the life insurance policy. That was the case in this 2023, opinion from the Southern District of Texas, Houston Division. The opinion is styled, Tommy Marion v. Principal Life Insurance Company and Nicky B. Thompson. Marion sued Principal Life and…
An insurance lawyer is frequently asked about whether or not attorney fees can be recovered by a successful claimant. The short answer is “yes.” But only if you give proper notice. This issue is discussed in a 2023 opinion from the Southern District of Texas, Houston Division. The opinion is…
Insurance lawyers know that they must give proper warning to an insurance company before suing the insurance company. Failure to do so puts a stop to a subsequent lawsuit. This is illustrated in a 2023 opinion from the Southern District of Texas, McAllen Division. The opinion is styled, Laura Navarro…
When is the deadline for filing a law suit against an insurance company that refuses to fully pay on a claim? This is usually a simple answer. It was the main issue in a 2023 opinion issued by the Fort Worth Court of Appeals in a case styled, Kenneth Kessler…
Insurance lawyers who handle claims being denied are usually asked whether not their attorney fees can be recovered. The answer is usually a “Yes” but their are requirements to be met in order to recover those attorney fees. One of those requirements include giving a pre-suit notice letter in proper…
Who can be sued when a life insurance claim is denied is an important consideration by strategic considerations. Here is some insight. Chapter 541 of the Texas Insurance Code defines and prohibits unfair and deceptive insurance practices. Specifically, look at sections 541.001 to 541.061, 541.151 to 541.162, and 541.453. The…
What if a life insurance agent does something he is not supposed to do when he sells a life insurance policy? What if the insurance company ratifies what the agent did? An insurance company may be liable for unauthorized conduct of an agent or other person, if the insurance company…
What is the difference between a “recording” agent and a “soliciting” agent? Does it make a difference? The law is this area can be confusing, despite the relatively straightforward principles. Historically, there was a distinction between “recording” agents and “soliciting” agents. A recording agent had authority co-extensive with that of…
What if the life insurance agent varied the life insurance contract terms? What is your recourse? There are Insurance Code statutes dealing with this. An agent is not authorized by the statutes to alter or waive a term or condition of an insurance policy or an application for an insurance…