Texas insurance law lawyers should be able to turn to the Insurance Code and know this section that relates to insurance agents. The section is 4001.053. It says an agent also may be personally liable for performing acts on behalf of an insurance company. This is supported with case law…
Most Dallas insurance lawyers in Dallas and Fort Worth know the ways agents and adjusters can liable for their actions in selling a policy or handling a claim. Just as an insurance company is liable for its own misconduct, so too agents may be personally liable for their misdeeds, even…
Texas insurance lawyers are always asking the above question when someone comes to see them about an insurance company doing them wrong. To start with, as the contracting party, the insurance company can be liable based on the contract that exists between them and their customer. There are also several…
Here is a curious 1933 opinion from the Texas Court of Commission of Appeals. It is styled, American National Insurance Co. v. Huey. This is a case wherein an insurance agent is alleged to have misrepresented the terms of an insurance policy wherein the insured was to receive monthly benefit. …
Cooperation with the insurance company investigation of a claim is required under the insurance policy. Failure to cooperate can result in the policy being rescinded and the claim denied. The 1994, Amarillo Court of Appeals opinion, Andy Costely and Cathy Costley v. State Farm Fire And Casualty Company, illustrates the…
Area life insurance attorneys need to know the reasons an insurance company can rescind an insurance policy. In addition to the common law standards, several statutory provisions regulate an insurer’s ability to avoid coverage based on a misrepresentation by the insured. These are found in Texas Insurance Code, Chapter 705.…
Parker County life insurance lawyers know how the courts look at warranties in life insurance policies. As stated in the 1997, 5th Circuit opinion styled, Riner v. Allstate Life Insurance Company, “Warranties in insurance applications are strongly disfavored in the law, and even fairly obvious attempts to create warranties in…
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…