Insurance lawyers who handle disability cases need to know these coverage issues. Disability policies normally require that any claimed disability occur while the policy is in effect or within a specified time after any claimed accident or injury. As an example, the policy may provide coverage for an illness or…
Insurance attorneys representing the insureds would prefer to fight cases in State Court. One way of doing this is to successfully plead a case against the insurance adjuster. Insurance companies would prefer to fight in Federal Court. Here is a case wherein the case was filed in State Court against…
The 14th Court of Appeals issued an opinion recently dealing with Texas Workers Compensation law and subrogation. The opinion is styled, Liberty Mutual Insurance Company v. Buddy J. Trahan. When as in this case, a person suffers an injury due to the actions of a third party and the injured…
Here is a case where the Prompt Payment of Claims Act was not violated, even though at first glance it appears it was violated. Knowing how the facts and the law square on these issues is important in evaluating a case. This 2018, case is from the Amarillo Court of…
Insurance lawyers who handle home owner and property claims must know this case. It is a 2018 case from the Northern District of Texas, Dallas Division. It is styled, Meisenheimer v. Safeco Insurance Company of Indiana. This is a storm damage claim. Plaintiff suffered damage and made a claim. Safeco…
Anytime an insurance company is sued from conduct arising from insurance policy and the investigation of a claim, the insurance company is going to seek to have the case heard in a federal court. This is seen again in the 2018, opinion from the Western District of Texas, San Antonio…
Insurance lawyers need to know what the policy at issue says and how the courts interpret those policies and make their rulings. For a homeowners policy, the 2018 Eastern District of Texas, Sherman Division, opinion styled, Rainey Rogers v. Nationwide General Insurance Company, is a good read. The Rainey case…
The Southern District of Texas, McAllen Division issued an opinion in August 2018, for insurance lawyers to read that is styled, Alfredo Murillo Jr., et al v. Allstate Vehicle and Property Insurance Company. The Murillo’s filed a lawsuit in State court against Allstate after Allstate did not handle a storm…
Insurance lawyers will tell their clients to read the insurance policy and then the attorney can discuss with the client how courts interpret the language in the policy. A 2018, opinion from the Southern District of Texas, Corpus Christi Division, styled, Mark Eller V. United Property & Casualty Insurance Company,…
According to the 28 Texas Administrative Code, Section 3.3012(b), in a definition of “total disability” in an individual accident and sickness policy or hospital, medical, and dental service corporation subscriber contract, the inability to perform duties may not be based solely on an individual’s inability to perform “any occupational duty,”…