The United States District Court for the Northern District of Texas, Judge Boyle, issued an opinion on March 9, 2018, wherein the court denied the insurance company request for summary judgment. The case is styled, Padilla v. Allstate Fire and Casualty Insurance Company. This dispute arises from a claim for…
Here is some basic information about automobile policy coverage for damage to your insured vehicle. Under this portion of an auto policy the limit of liability to the insurer is the lesser of: 1) the actual case value of the stolen or damaged property, 2) the amount necessary to repair…
Here’s some basic information for insurance lawyers. “Collision” is defined in the standard policy as “the upset, or collision with another object, of your covered auto.” As an example, in the 1984, Amarillo Court of Appeals opinion, Nutchey v. Three R’s Trucking Company, Inc., a three-inch depression in a road,…
The terms of coverage for damage to the auto are fairly straightforward: “named-peril” coverage is provided on “covered autos.” Specifically, the Texas Personal Auto Policy provides that the carrier will pay for “direct and accidental loss to your covered auto.” The coverage is divided into “collision” coverage and “coverage other…
In Texas automobile policies where the insured has opted to purchase uninsured motorist (UM) coverage, there is an offset for amounts paid under the PIP coverage. The basis for the PIP offset can be found in the policy language of the uninsred/underinsured motorist policy provision, which provides: In order to…
As it relates to uninsured motorist (UM) coverage, there are three important exclusions. Auto policies do not provide UM coverage for any person for bodily injury sustained while occupying or when struck by any motor vehicle owned by the insured or any family member who is not insured for UM…
Sometimes figuring out what is an “accident” for uninsured motorist (UM) coverage is tricky. In the 1999, Texas Supreme Court opinion styled, Mid-Century Insurance Company of Texas v. Lindsey, found coverage for the plaintiff, who was seated in the driver’s seat of a parked vehicle. In a truck next to…
A Parker County or Palo Pinto County insurance lawyer handling uninsured motorist (UM) claims need to understand how the terms “accidents” and “arise out of use” are looked at by Texas courts. Texas decisions suggest that if an incident is intentional or criminal in nature, there may not be an…
Uninsured and Underinsured motorist coverage is required to be provided in automobile insurance policies according to the Texas Insurance Code, Section 1952.101(b). However, this coverage can be rejected as long as the rejection is in writing, according to 1952.101(c). This coverage is designed to compensate injured persons who are legally…
Attention life insurance lawyers. Here is one for you. Is dying from a mosquito bite grounds for recovering under an accidental death life insurance policy? That was the issue in the March 2018, opinion from the United States Court of Appeals for the Fifth Circuit. The case is styled, Gloria…