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,”…
Here are a few examples of cases that have been litigated regarding disability policies and how the courts look at these cases. In a 2003, Texas Supreme Court opinion, Provident Life and Ac. Ins. Co. v. Knott, the Court read the policies in question defining the term “total disability” to…
Insurance lawyers who handle disability income policies will see two types of policies. One is the policy purchased through employment of provided by the employer. The other type is the type purchased independent of employment, usually through an independent agent or in response to advertisements. Those purchased through employment by…
As is normal, an insurance company will remove a case to federal court anytime they can. When an insured sues parties besides the insurer, the insurance company claims the joinder of the other party is fraudulent. To often the insurer wins this removal battle. Here is a case where the…