Attorneys handling insurance claim denials and their clients, need to understand some basics about what needs to be done when a claim is denied. Before reaching the court house steps, in most cases, the parties should consider possible resolutions to avoid trial. The client may not always have the best…
Dallas Fort Worth Insurance Lawyer Blog
Statute Of Limitations And Bad Faith Insurance
Insurance lawyers know there are time limits upon which lawsuits for bad faith insurance claims must be filed. These limitations are illustrated in the 2018, U.S. Fifth circuit Court of Appeals opinion styled, Susan Sideman; Mark Sideman v. Farmers Group, Incorporated. The Sidemans sued Farmers for breach of the Texas…
Dismissal Can Be Hard In Federal Court – Got To Have Experienced Insurance Lawyer
Having an experienced insurance law attorney is vital. Otherwise you can end up with a situation that occurred in the Eastern District of Texas, Sherman Division. The case is styled, Mike and Jacqueline Sanchez v. Safeco Insurance of Indiana. The Sanchez’s filed a Motion to Dismiss Without Prejudice. In other…
Experienced Insurance Lawyer
In cases involving insurance, an experienced insurance lawyer needs to be hired. This is illustrated in an Austin Court of Appeals opinion styled, Jessica Dennis and Douglas Dennis v. GEICO. In August 2016, GEICO sued the Dennises, alleging that a “motor vehicle owned by Plaintiff’s insured Rene Zavala … was…
Pleading Bad Faith
Bad Faith insurance claims require specific pleading in Federal Court. This is illustrated in the Northern District of Texas, Fort Worth Division, opinion styled, Charlotte R. Carroll v. State Farm Mutual Automobile Insurance Company. Carroll alleges: The plaintiff filed a claim with the defendant under her insurance policy after a…
Regular Use Definition In Auto Policy
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…
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…