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…
Most insurance lawyers will want to depose an insurance company representative not long after a lawsuit is filed. This situation arose in recent a Corpus Christi Court of Appeals case. The opinion is styled, In Re Safeco Insurance Company Of America. There is a glaring problem with this opinion. It…
Insurance lawyers need to know about this 2017 case from the Eastern District, Sherman Division. It is styled, Hidden Cove Park and Marina et al v. Lexington Insurance Company, et al. The case concerns the discovery of an insurance company’s loss reserves. The Court held a telephonic conference regarding a…
Insurance lawyers in Fort Worth and elsewhere need to read this case regarding settlement credits and under-insured (UIM) coverage. It is from the Houston Court of Appeals [14th Dist.]. It is styled, Farmers Texas County Mutual Insurance Company v. Okelberry, et al. Steven Okelberry and his wife, Patricia has UIM…
A successful pleading against an insurance adjuster was found in a Western District, Austin Division opinion issue in May 2017. The opinion is styled, Affordable Portable Structures, Inc. and JFJ Group, Inc. v. The Cincinnati Insurance Company and Alfred Gray. Affordable was insured by Cincinnati when a storm caused damage…
What is the result oi an insurance company pays a claim after an appraisal even if you don’t agree with the appraisal? This issue is addressed in a Houston Court of Appeals [14th Dist.] opinion. It is styled, National Security Fire & Casualty Co. v. Hurst. This is an appeal…
Claims against insurance adjusters need to be specific. This is exemplified in a case from the Southern District of Texas, McAllen Division. The opinion is styled, Jorge Vallejo v. Allstate Vehicle and Property Insurance Company, et al. Vallejo filed suit in State Court suing Allstate and the adjusters, asserting claims…