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…
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…
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…
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…
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…
Like other contract rights, the right to insurance proceeds can be assigned, giving the assignee the right to recover under the policy. This issue is discussed in the 1968, Texas Supreme Court opinion styled, McAllen State Bank v. Texas Bank & Trust Company, Trustee. Texas Bank claimed proceeds of a…
If a person or entity is not a named beneficiary, can they be an intended beneficiary? Other persons who may sue for benefits under an insurance contract are “intended beneficiaries” also known as “third party beneficiaries.” A third party for whose benefit an insurance contract is made may enforce the…
An additional insured is a party protected under an insurance policy, but who is not named within the policy. A common example of an additional insured is a person who, although not specifically named, is covered under a liability policy by a definition of “insured” that extends protection to interests,…
Insurance attorneys always have to answer the above question when looking at an insurance policy case. This issue is discussed in the 1972 case from the Texarkana Court of Appeals styled, Doss v. Roberts. This suit involves the division of monies received from the sale of land found not to…
Seeing if there is liability on the insurance policy is one of the first things an insurance attorney needs to do when meeting with a prospective client. In 1996, the Texas Supreme Court stated in Liberty Nat’l Fire Ins. Co. v. Akin, that insurance coverage claims and bad faith claims…