This is a case from the Northern District, Dallas Division, dealing with which court is proper to litigate the case. The case is styled, Hutchins Warehouse Limited Partners v. American Automobile Insurance Company et al. A court may sua sponte raise the issue of its jurisdiction at any time during…
As any ERISA attorney can tell you, the rules surrounding ERISA are tough. This is illustrated in a Fifth Circuit opinion styled, Kimberly D. Hendrix v. Prudential Insurance Company of America, et al. Hendrix appeals the summary judgment granted against her on her ERISA claims arising out of a life…
A case from the Southern District, Laredo Division has an interesting twist for insurance lawyers to know about. The case is styled, Luis Gonzalez v. State Auto Property & Casualty Insurance Company, et al. A hailstorm caused damage to the roof on Luis home and he submitted a claim to…
A lot of insurance policies written for commercial or business coverage are Lloyd’s insurance companies. Suing a Lloyd’s company and keeping it out of Federal Court is a little easier than if the company were not a Lloyd’s company. Though this did not happen in this case, it is explained…
For people having events that can be large, such as wedding, big, family re-unions, company parties, and other types of celebrations, looking to purchase insurance for those events can be a smart thing to do. The Claims Journal published an article about events insurance that is good to read. The…
Employee Retirement Income Security Act (ERISA). These types of plans are loved by insurers and not so much by the insured. The reason is that so often, the decisions of plan administrators are final in that the courts uphold their decisions. A Southern District, Galveston Division opinion is good reading…
Here is an ERISA case from the United States Fifth Circuit Court of Appeals. It is styled, Lashondra Davis v. Aetna Life Insurance Company. It is an appeal from a summary judgment in favor of Aetna. The facts can be read from the case. The important issue in this case,…
Here is a read for lawyers handling ERISA cases. It is an opinion from the Southern District, Houston Division. The opinion is styled, Keith v. Metropolitan Life Insurance Company. For the facts in this case, read the opinion. This writing is a discussion of the law as it relates to…
The Northern District of Texas, Dallas Division issued an opinion dealing with hail damage and abatement of the case to compel appraisal. This is becoming more and more common in hail damage claims. The case is Nabors v. American Reliable Insurance Company, et al. This claim arises out of water…
Lawyers handling insurance disputes involving uninsured motorist (UM) coverage should already know the law discussed in a recent case from the Southern District, Houston Division. The case is, Eleazar Cantu, Jr. v. State Farm Mutual Automobile Insurance Company. Cantu was injured when he fell off a truck driven by an…