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…
Here is a summary judgment case from the Eastern District, Sherman Division, where one of the causes of action is, negligent claims handling. The case is styled, Yoram Avneri v. Hartford Fire Insurance Company. Here, the Court had previously denied Hartford’s motion for summary judgement but is now reconsidering the…
The Amarillo Court of Appeals issued an opinion on October 13, 2017, that is a must read for insurance lawyers who handle homeowner claims. It is styled, Christopher Hall v. Germania Farm Mutual Insurance Company. This case involves a homeowners policy and damage to Hall’s insured property and Germania’s attempt…
The Northern District, Dallas Division, issued an opinion on a case dealing with removal to Federal Court and a Motion To Remand. The opinion is styled, Arrow Bolt & Electric, Inc. v. Landmark American Insurance Company and Jason Keen. Arrow filed suit in in State Court to recover for damages…