Here is some very basic information that every insurance lawyer should be aware of. It is also information that every insurance consumer should know. To understand the different ways disputes can arise, it is helpful to consider the sequence of events that is likely to occur involving an insurance issue. …
Lawyers who handle disability insurance claims know that the policy has to be read. In a definition of “total disability” in an individual accident and sickness policy or hospital, medical, and dental service corporation subscriber contract, the inability to perform duties may not be based solely on an individual’s inability…
Fort Worth lawyers who end up in Federal Court need to read this opinion from the Northern District, Fort Worth Division, Judge McBride. The opinion is styled, Antonio Perez v. Allstate Vehicle and Property Insurance Company, et al. Perez initiated this action by filing a lawsuit in State District Court. …
Lawyers in the Dallas and Fort worth areas who handle underinsured motorist (UIM) cases need to read this 2017 opinion from the Texas Supreme Court. It is styled, Okelberry v. Farmers Texas County Mutual Insurance Co. Steven Okelberry and his wife, Patricia, had an auto policy with Farmers that provided…
Lawyers handling car wreck cases would be especially interested in this 2017 opinion from the Texas Supreme Court. It is styled, Farmers Texas County Mutual Insurance Company v. Jennifer L. Zuniga et al. This is an appeal from the granting of a summary judgment in favor of Zuniga wherein Farmers…
The San Antonio Division, Western District, issued an opinion dealing with rebuild costs under a homeowners policy that insurance attorneys need to read. It is styled, Kirk McClelland and Tamre McClelland v. Chubb Lloyd’s Insurance Company of Texas, and Robert Lynn Pritchard. This is a dispute over coverage and the…
The Northern District of Texas, Dallas Division ruled on an interpleader case recently. It is styled, Primerica Life Insurance Company v. Sherry Purselley, et al. The co-defendants in this case are Henslee, Lee, and Sherry Purselley. This is an effort to determine who owns the life insurance proceeds at issue.…
Getting the insurance adjuster served with legal papers in a lawsuit is important and for some reason, overlooked. This is illustrated in an Eastern District, Sherman Division case styled, Robert Crawford v. Allied Property and Casualty Insurance Company, Laura Jones. Crawford, a citizen of Texas, sued Allied, an Iowa Company…
A recent case filed in Tarrant County was removed to Federal Court, Northern District, Fort Worth Division. One issue dealt with the appraisal provision in the insurance contract. The style of the case is, Reese Hallak v. Allstate Vehicle and Property Insurance Company. Hallak sued Allstate for breach of contract…
Insurance attorneys with much experience learn real quick that the insurance companies prefer to litigate cases in Federal Court. The reason is that Federal Court is much less forgiving of mistakes and the Federal Courts look for reasons to dispose of a case. This authors opinion is that many of…