Does my potential new client have an insurable interest? That is a question insurance lawyers have to answer first when talking to someone who believes they are owed money on an insurance claim. As stated by the Dallas Court of Appeals in 1993, in the opinion styled, Jones v. Texas…
Weatherford insurance lawyers need to recognize “first party” policies when they see them. Here are some examples: The standard Texas Auto Policy covers accidental loss or damage to the covered auto. If an insured is involved in a single car accident resulting in property damage to the insured vehicle, the…
A question typically asked of Fort Worth Insurance Lawyers is, – What is the difference between a third party claim and a first party claim. A “first party” claim is usually a policy that typically involves insurance that provides policy benefits directly to the insured or beneficiary in the event…
The language in a disability policy is important to read and understand. The Courts will do so very closely. This is illustrated in a 2017, opinion from the U.S. 5th Circuit. It is styled, David M. Cox v. Provident Life & Accident Insurance Company. It is a summary judgement case…
Grand Prairie insurance lawyers need to be able to evaluate an insurance agent’s conduct to determine if the insurance company is liable for the agent’s conduct. An insurance company may be liable for unauthorized conduct of an agent or other person, if the insurance company ratifies the conduct. Ratification may…
Most experienced insurance attorneys in Dallas and Fort Worth can tell you the law in this area can be confusing, despite the relatively straightforward principles. Historically, there was a distinction between “recording” agents and “soliciting” agents. A recording agent had authority co-extensive with that of the company, so there was…
Another one of those questions that Insurance Law Attorneys ask themselves on many of the cases they see. Pursuant to Texas Insurance Code, Sections 4001.051(c) and 4001.053, an agent is not authorized by statutes to alter or waive a term or condition of an insurance policy or an application for…
The above is a question most insurance lawyers will ask themselves when investigating a case. An insurance company cannot escape liability by showing that it did not authorize the specific wrongful act. This is made clear in two Texas Supreme Court opinions. One is styled, Celtic Life Insurance Co. v.…
An insurer also may be liable for unauthorized acts by an agent, if the agent is acting within the scope of his “apparent authority.” Actual authority is not required. The insurer will be liable when by its conduct it has given the agent the appearance of having authority, so that…
Lawyers in general and insurance lawyers specifically know there are two types of authority — actual and apparent. In turn, actual authority can be expressed or implied. An agent’s authority can be actual authority expressly conferred by the insurer, or it can be actual authority implicit in the agent’s duties. …