Aledo life insurance attorneys need to know the difference between a misrepresentation in a life insurance policy application and a condition precedent. There is an important distinction between statements by the insured that are considered to be representations and those considered to be conditions precedent. If the insured’s statement is…
Most insurance lawyers know that one way an insurance company tries to get away with refusing to pay on an insurance policy is to rescind the policy. According to a 1931, Amarillo Court of Appeals opinion styled, Forrester v. Southland Life Ins. Co., the general principle is, prior to a…
Dallas and Fort Worth area insurance lawyers need to read this November, 2017, opinion from the San Antonio Court of Appeals. It is styled, Farmers Texas County Mutual Insurance Company v. Zuniga. Zuniga was walking to school and struck by a car driven by Christopher Medina. Zuniga sued Medina for…
A 2017, opinion styled, Carrillo Funeral Directors, Inc. v. Ohio Security Insurance Company, et al, is another example of incorrect pleadings against an adjuster. The case is from the Northern District, Dallas Division. Carrillo suffered hail damage and made a claim against its insurer Ohio. There was an under payment…
What if it can be proved that the insurance company was wrong in denying coverage of a claim when a third party is suing the insured? A June 2017, Texas Supreme Court opinion addresses this issue in the case styled, Great American Insurance Co. v. Hamel. The issue in this…
Texas has a new law regarding hail damage claims. Here are five things to know about the new law. First, it creates a new chapter in the Texas Insurance Code, Chapter 542A, which applies to property damage claims caused by “forces of nature.” This includes damage caused by earthquakes, wildfires,…
Almost all insurance policies require a “sworn proof of loss” be filed when making a claim. The Dallas Division, Northern District of Texas, issued an opinion in October 2017, dealing with a situation where the sworn proof of loss was waived by the Court. The opinion is styled, Alexander Vilaythong…
The United States 5th Circuit Court issued an opinion in October 2017, that is basic to insurance law. The opinion is styled, Nautilus Insurance Company v. Irma Miranda-Mondragon. This is a declaratory judgment action filed by Nautilus against its insured Houston Star Security Patrol and Mondragon. Nautilus argued it had…
Here’s one for Grand Prairie insurance lawyers handling uninsured motorist (UM) cases. It is from the Corpus Christi Court of Appeals and is styled, In Re Farmers Texas County Mutual Insurance Company. This case arose from a wreck with an UM driver. The real party in interest, Luzminda Llasos brought…
Here is another case looking at experts in insurance cases. The case is from the Eastern District, Sherman Division, and is styled, La Verdure & Associates v. Depositors Insurance Company. Plaintiff, La Verdure filed suit against Depositors for alleged violations of the Texas Insurance Code, the DTPA, and breach of…