An insurance company cannot always escape liability just by showing that it did not authorize the specific wrongful act. This is discussed in the 1994, Texas Supreme Court opinion styled, Celtic Life Insurance Co. v. Coats. The Celtic court said: In determining a principal’s vicarious liability, the proper question is…
Court’s have described actual authority this way: “Actual” authority, which includes both express and implied authority, usually denotes that authority a principal: (1) intentionally confers upon an agent; (2) intentionally allows the agent to believe that he possesses; or (3) allows the agent to believe that he possesses by want…
It may be obvious that a person was the insurer’s agent and was acting as agent — e.g., a person licensed to sell the company’s policy was engaged in selling the policy. In addition, the statutes make clear that anyone engaging in the listed activities on behalf of an insurer…
Being able to hold the agent liable for any wrongs committed is important from a strategic standpoint in a lawsuit. The first step to determine whether an insurer is vicariously liable is to determine whether the person who engaged in the conduct was acting as the insurer’s agent. The question…
Life Insurance claims have https://www.law.cornell.edu/wex/statute_of_limitations periods the same as other forms of insurance. Here is a 2023 opinion dealing with limitation issues and examines how courts look at these cases. The opinion is from the First Court of Appeals and is styled, J.R. Argo v. USAA Casualty Insurance Company. This…
Insurance companies, like other entities, can only act through it’s agents. Insurance companies rely on agents to sell their policies, to under write potential insureds, and to investigate and adjust claims. Insurance companies may be vicariously liable for another’s misconduct if that other person is the insurer’s agent and if…
Lawyers who handle life insurance cases need to be aware of the various ways a life insurance agent can be held responsible for wrongful acts. While an individual agent is subject to being sued under the statutes here is a specific example of that happening. This is from the 1998…
Texas Life Insurance Attorneys need to be aware of the agency principals whereby an agent can be held liable for his or her actions. An agent may be liable for violation common-law or statutory duties to the insured. For example, an agent who undertakes to get insurance may be liable…
Life insurance lawyers need to know the legal theories whereby a life insurance agent can be held liable for the wrongs they commit. These agent responsibility don’t just extend to life insurance agents but to agents in other areas of insurance. As the contracting party, the insurance company of course…
The Texas Insurance Code allows for recovery of mental anguish damages if it can be proven that the illegal conduct of the insurance code was committed knowingly. Section 541.152 speaks to the knowing conduct. An award of mental anguish damages may be upheld when the plaintiffs have introduced direct evidence…