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…
The naming of experts in a roof or hail damage case is the same as naming an expert in other cases. The Eastern District, Sherman Division, recently had an opinion discussing experts. It is styled, Yoram Avneri v. Hartford Fire Insurance Company. The Scheduling Order in this case set a…
Too many times, the claims against an adjuster fail when those claims are removed to Federal Court. There was a successful claim recently in the Southern District, Houston Division. It is styled, Lillie Jean Hooper v. Allstate Texas Lloyd’s, et al. Hooper suffered storm damage and submitted a claim to…
Insurance lawyers will see situations where there is a question whether or not the “uninsured motorist” (UM) provisions of a policy apply to provide coverage. An interesting case was heard in the Amarillo Court of Appeals dealing with this issue. It is styled, Jesse Salinas v. Progressive County Mutual Insurance…