Probably all homeowner policies require a “Proof Of Loss” (POL) be filed before a lawsuit be filed against the insurance company. This issue is addressed in the Northern District, Dallas Division opinion, Gwendolyn Pamphile v. Allstate Texas Lloyds. Before the Court was a motion to dismiss filed by Allstate. This…
Lawyers handling accidental death life insurance policies would want to read all cases dealing with this subject. Here is a 5th Circuit opinion styled, Abdul Salam Badmus v. Mutual of Omaha Insurance Company. In August 2010, Mutual issued an Accidental Death Policy to Selem Babtunde Badmus (Selem), providing a $750,000…
Insurance lawyers know that one of the more common claims arise from homeowners claims. Trying to keep the case in State or County Court is most favorable for the homeowner. However, doing that is more and more difficult. This is illustrated in the 2017, Northern District, Fort Worth Division opinion,…
An insurance contract will impose conditions on the insured person or entity. For example, most policies require that the insured give notice of the claim and cooperate with the insurance company. Policies may require that the insured file a formal proof of loss, if the insurer requests one. When one…
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…