Being able to discuss the potential recovery when an insurance company wrongfully denies a claim is a topic any Dallas or Fort Worth insurance lawyer needs to be able to discuss with a client. Policy benefits are the basic recovery allowed for an insurer’s breach of its contractual obligations. An…
Relevant to Texas Insurance Law is a case reported on by the Cook County Record, an Illinois publication. A Judge’s ruling in a traffic crash personal injury case could cost the insurance company, Liberty Mutual, $4.5 million, even though the policy at the heart of the case is supposedly capped…
Insurance lawyers learn real fast to know who are the persons who can recover / benefit under an insurance policy. Other persons who may sue for benefits under the insurance contract are “intended beneficiaries,” also known as “third party beneficiaries.” A third person for whose benefit a contract is made…
Information for Palo Pinto County Insurance Lawyers – The Texas Supreme Court, in 1996, issued an opinion in a case styled, Liberty National Fire Insurance Co. v. Akin, that said: “Insurance coverage claims and bad faith claims are by their nature independent but, in most circumstances, an insured may not…
Weatherford insurance lawyers who handle insurance related matters need to understand that an anticipatory breach of the insurance contract has remedies under the law. This is best illustrated in disability policies where the insurance company is obligated to make monthly payments to the insured. According to the 1937, Texas Supreme…
Here’s something a lot of insurance attorneys may not realize. An oral contract to insure is valid and enforceable. This is confirmed in the 1949, Texas Supreme Court opinion styled, Pacific Fire Insurance Company v. Donald. The oral agreement “is presumed to be made in contemplation of a policy containing…
What all insurance lawyers know: Insurance policies are contracts, and as such are subject to rules applicable to contracts generally. This was stated in the 1994, Texas Supreme Court case, Hernandez v. Gulf Group Lloyds, and is still good law. A party seeking to recover on an insurance contract must…
Insurance lawyers want to pursue the best theories of recovery when a client has a claim wrongfully denied. Some people just want to file a complaint with the Texas Department of Insurance. But, there are better ways to improve the situation. Recovery based on theories of misrepresentation were discussed in…
Insurance transactions tend to resemble one another, so disputes arising from them tend to resemble one another. There are only so many ways that an insurance company and an insured can get crossways. Most cases present recurring problems that can be grouped into several categories. Insurance law is even more…
Abilene Texas lawyers who handle accidental death and dismemberment policy claims that are governed by ERISA, need to read this 2017, 5th Circuit Court of Appeals opinion. It is styled, Robert Ramirez v. United Of Omaha Life Insurance Company. Ramirez traveled to West Texas and contracted a fungal infection that…