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…
Insurance lawyers will often get calls wherein the person on the other end of the line is explaining to the lawyer that his insurance company wants to perform an examination under oath (EUO) of them before going any further with the claim. And the question is, “Do I have to…
Many property insurance policies contain appraisal clauses. These clauses define a process for appraising the value of the damaged property, if the parties cannot agree. Common provisions call for each party to choose an appraiser. Those appraisers then chose a neutral third appraiser, called an umpire. If the parties or…
This time, one of the insurance company games does not involve cheating on a claim, rather it involves they overcharging for auto insurance. The information comes from an Insurance Journal story titled, Lawsuit Says Fargo Executives Knew About Insurance Overcharges. The article tells us that Wells Fargo & Co. executives…
Many times a person comes to an Experienced Insurance Law Attorney complaining that their insurance company has not paid anything on their claim. While most insurance companies take the claims call then go out and evaluate / adjust the claim and then make payment, they are not required to do…
When making a claim against an insurance policy, knowing what the policy says is important to an insurance attorney. Virtually all policies have as a condition to payment, the requirement that you cooperate with their investigation of the claim. The 1994, Texas Supreme Court opinion styled, Hernandez v. Gulf Group…
When an insurance company denies your claim, you need to immediately hire an Experienced Insurance Lawyer. The insurers are always looking for a reason to deny a claim but there are also times when it is justified. While there are many times the denial of a claim is not justified,…
Most claims filed with insurance companies get paid. The insured is happy and the insurance company is moving on to the next claim and collecting premiums. Honest people cannot understand why an insurance company would not pay a claim made by one of their customers. The Insurance Journal published an…
There are two important phases at the end of a trial – the jury charge and the closing statement. Most courts will not approve a jury charge until after the close of all evidence. Therefore, the charge conference will often take place once a jury has been dismissed for the…