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 Failure to cooperate can result in the policy being rescinded and the claim denied.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…
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,…