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. …
Most Weatherford lawyers will tell you that it may be obvious that a person was the insurer’s agent and was acting as a 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…
Weatherford insurance attorneys need to read and know Texas Insurance Code, section 4001.051. This section provides an expansive list of conduct that constitutes “acting as an agent” for an insurance company, as follows: a) This section applies regardless of whether an insurer is incorporated under the laws of this state…
Graford Texas insurance lawyers learn real fast how to determine whether someone is an agent of an insurance company, or not. 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…
It is not unfair to say that an insurance company is going to be liable for the acts of its agents 95% of the time. Insurance companies, like other entities, can act only through agents. Insurance companies rely on agents to sell their policies, to underwrite potential insureds, and to…
Insurance attorneys know about the statutory requirements of making a claim. These rules can be looked up in the Texas Insurance Code. The problem arises when the insurance companies do not comply with these rules. So, what are some of these rules. Start with Texas Insurance Code, Section 542.056(a). This…