The terms “repair” and “replace” mean restoring the automobile to essentially the same condition as it was in immediately before the collision. It would not be restored to the same condition if the repairs left the market value of the auto substantially less than the value before the collision. This…
Springtown insurance lawyers need to read this Corpus Christi Court of Appeals opinion dealing with late payment on an insurance policy. The case is styled, Schrader v. Texas Farm Bureau Underwriters. The trial court granted summary judgement in favor of Farm Bureau. Schrader alleged in his lawsuit against Farm Bureau…
The United States District Court, S.D. Texas, McAllen Division, denied a defense motion for summary judgment in a case where the defendant settled a claim with a homeowner who had two claims, asserting that the release covered both claims. The case is styled, Aidee Bazan v. State Farm Lloyds. Bazan…
The United States District Court, N.D. Texas, Dallas Division, Judge Boyle, issued an Order remanding a case in March of 2018. The case is styled, Allied Stone, Inc. v. Acadia Insurance Company, Union Standard Insurance Group, LLC, and James Amato. Acadia insured property owned by Allied. In 2016, Allied claims…
The United States District Court, Northern District Texas, Abilene Division, issued an opinion March 13, 2018, that is worth reading to note deficiencies in a case against State Farm. It is styled, Bob Click v. State Farm Lloyds and Rob Allen. Pleadings in Federal Court are strict. This case was…
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…