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…
Dallas Fort Worth Insurance Lawyer Blog
Prompt Payment And Appraisal
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…
Clarifying Claims Against Adjusters
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…
ERISA And Attorney Fees
Here is an ERISA case from the Southern District, Galveston Division. The case is styled, Unum Life Insurance Company of America v. Sandra Mohedano, et al. Before the Court is Plaintiff’s Motion for Attorneys’ Fees and Brief in Support. The Court had earlier granted Unum’s cross-motion for summary judgment while…
Get An Insurance Lawyer
The need to get an insurance lawyer is illustrated in a recent opinion from the Southern District, Houston Division. The opinion is styled, Trudy Sawyer v. Geico General Insurance Company. On December 28, 2015, Sawyer filed a complaint and an application to proceed in forma pauperis in this case, which…
ERISA And Contractual Limitations
Here is another opinion for ERISA lawyers to read. The opinion is styled, Ricardo Rodriguez and All Others Similarly Situated v. Hartford Life And Accident Insurance Companyhttp://www.txs.uscourts.gov/offices/houston-division. It is from the Southern District, Houston Division. This is a motion to dismiss filed by Hartford and granted by the Court. Rodriguez…
Innocent Spouse, Lying Insured, Concealment / Fraud
Here is a 2003 case from the Amarillo Court of Appeals that deals with a situation where the spouse is innocent but an insured on the policy is committing fraud. The case is styled, McEwin v. Allstate Texas Lloyds. Here are the facts. The husband and wife were both named…
Liability Insurance Settling When You Think They Are Wrong
Insurance lawyers often will hear a story that goes like this. – I was involved in an accident last year. The other guy was at fault. I let my insurance company know about the wreck and then I found out that my insurance company paid the other guy. Can I…
Insurance Case And Attorney Fees
Insurance lawyers know that in a first pary insurance claim lawsuit, a claim for attorney fees can be made. When the insurance company challenges the attorney fees claim of the insured, a natural response by the lawyer is to seek to get the information related to what the insurance company…
Segregation Of Damages – Property Damage Claims
Lawyers who handle property damage claims learn real fast that the damages that exist on the property have to be properly segregated when making an insurance claim. What does this mean? The most common situation that arises is after a hail and wind storm. An insured discovers damage to his…