An “insurable interest” exists when the insured derives a pecuniary benefit or advantage by the preservation and continued existence of the property or would sustain a pecuniary loss from its destruction, according to the 1993, Dallas Court of Appeals opinion, Jones v. Texas Pacific Indemnity Co. In the 1986, Tyler…
Insurance lawyers will tell you that a person must have an insurable interest in the insured property to recover under an insurance policy. This is also stated in the 1993, Dallas Court of Appeals opinion, Jones v. Texas Pacific Indemnity Co. The purpose of the requirement of an insurable interest…
Commercial property insurance includes all forms of insurance covering property loss exposures of both business and non-profit organizations. The most common commercial property coverages are provided under standard forms developed by Insurance Services Office, Inc. (ISO) or the American Association of Insurance Services (AAIS). In many instances, an organization’s property…
One of the primary duties of an insured under his insurance policy is to cooperate with the insurer’s investigation of a claim. As an example – The Texas Auto Policy provides: A person seeking coverage must (1) cooperate with us in the investigation, settlement, or defense of any claim or…
Here is some general property insurance information and personal property insurance information. Property insurance involves the indemnification of the insured by the insurer for the oss of, or damage to, identifiable property described either specifically or by general language in the policy. That is what was stated in the 1973,…
The wrongs committed by insurance companies would surprise most people. A person pays his premiums and maybe has friendly conversation with their agent and they figure that when they make a claim, the claim will be properly paid. While most insurance claims are handled without the need for lawyers to…
All parts of an insurance policy are important. An insured needs to understand what is contained in any policy he has. Texas laws assumes a person has read and understands the contents of his insurance policy. The insuring clause of a policy in the insurance company’s agreement to provide coverage…
Insurance policies are normally going to have a declarations page. This page will identify the insured, the policy limits, and times of coverage. The declarations page is to show the insured what the insurance policy covers. In determining the coverage provided by an insurance policy, always review the declarations page. …
The Claims Journal published an article January 18, 2018. It is titled, Insured Must Obtain Settlement Consent Where Policies Require It. The article discusses a case from the 9th Circuit Court and looks at California law. However, Texas law has the same laws as it relates to coverage. The article…
Life insurance lawyers know there are provisions that are illegal for an insurance company to put into a life insurance policy. These provisions are found in the Texas Insurance Code, Sections 1101.051 to 1101.055. Pursuant to these sections of the Texas Insurance Code, no life insurance policy may be issued…