Insurance policies have to be read carefully by an insured and by the insurance law lawyers who want to help the insured. This is illustrated in an Austin Court of Appeals case styled, Progressive County Mutual Insurance Company v. Edwin Emenike. This is a summary judgment case granted in favor…
Dallas Fort Worth Insurance Lawyer Blog
Suing The Insurance Agent
Here is a case where an insurance law lawyer sued an agent and was able to prevent the case from being held in Federal Court. The case is from the Southern District of Texas, Houston Division, and is styled, Mary’z Mediterranean Cuisine, Inc. v. Blackboard Insurance Company f/k/a Hamilton Insurance …
Animal Exclusion In Liability Policy
In places like Weatherford, Texas and Mineral Wells, Texas, knowing about animal exclusions in insurance policies is important. Areas that are rural are usually more inclined to have people who own animals of one type or another. Dogs may be particular to more urban areas but in the rural areas…
Delaying In Paying Insurance Claim
Here is an opinion from the 14th Court of Appeals that concerns the Prompt Payment of Claims Act. The opinion is styled, William Marchbanks v. Liberty Insurance Corporation. This is an appeal from the trial court granting summary judgment in favor of Liberty. This appeals court affirmed the trial court.…
Duty To Cooperate
Here is a Dallas, Texas opinion that insurance lawyers need to read. It is from the Dallas Court of Appeals and is styled, American National County Mutual Insurance Company v. Jonathan A. Medina. On October 30, 2009, Angel Freeman ran a stop sign and crashed into Medina who was riding…
It’s Not Always Easy To Dismiss A Case
Most of the time, Courts are happy to have a case dismissed from their docket. An Eastern District of Texas, Sherman Division, opinion is an exception to that general situation. The opinion is styled, Mike And Jacqueline Sanchez v. Safeco Insurance Company of Indiana. The Sanchez’s filed a Motion to…
Paperwork Has To Be Right When Suing An Insurance Company
The papers filed in Court have to be proper when suing an insurance company. A Southern District of Texas, McAllen Division opinion illustrates this rule. The opinion is styled, Alfredo Murillo Jr., et al v. Allstate Vehicle and Property Insurance Company. Alfredo suffered damage after a hail and or windstorm…
Statute Of Limitations In Insurance Cases
The statute of limitations is a legal issue that must be taken into account in every case. This case from the Southern District of Texas, Laredo Division,does a good job of discussing the statute of limitations in insurance cases. The case is styled, Gilberto Rodriguez v. State Farm Lloyds. This…
Potential Recovery For Bad Faith Claims
Whether you are talking about life insurance claims, homeowners claims, disability claims, auto claims, or other types of first party claims, policy benefits are the basic recovery allowed for an insurance company breach of the contractual obligations. An insurer’s refusal to pay the insured’s claim causes damages in at least…
ERISA Win
Here is a rare win in an ERISA case. Unfortunately the win is the the 7th Circuit Court of Appeals rather than the 5th Circuit which controls most ERISA plans for readers of this blog. The ERISA case is styled, Susan Hennen v. Metropolitan Life Insurance Company. The case does…