The Insurance Journal published a story on June 6, 2017, that is titled, Private Insurer Will No Longer Fund Fraud Prosecutions In Texas. Thanks to new money and oversight from the Texas Legislature, the state can now pursue workers’ compensation fraud cases without relying on an unusual and much-criticized funding…
Insurance lawyers will run across situation where the insurance company is a surplus lines insurance company. Surplus lines insurance is dealt with, in part, it chapter 981 of the Texas Insurance Code. Specific points about surplus lines carriers are discussed throughout the insurance code. The May 25, 2017, Insurance Journal…
The Eastern District, Sherman Division, issued an opinion in May 2017, that, yet again illustrates how to NOT sue an insurance adjuster. The opinion is styled, Hidden Cove Park and Marina v. Lexington Insurance Company and Glenn Hollmuller. Severe storms caused damage to Plaintiff Hidden Cove. Plaintiff sued defendants Lexington…
The Western District, San Antonio Division issued an opinion in a case that helps an insurance company keep his client’s case out of Federal Court by suing the insurance agent. The opinion is styled, The New World Baptist Church, LLC v. Nationwide Property and Casualty Insurance Company, Kevin P. McLoughlin,…
Most insurance lawyers want to keep their cases out of Federal Court. One way of doing this, if the opportunity exists, is to find fault with the way an adjuster handled the claim. This is illustrated in a Northern District, Dallas Division opinion styled, Arlington Heights Memorial Post No. 8234…
ERISA lawyers will fight whether a prescribed treatment is medically necessary on a routine basis. The courts will interpret the policies in favor of the insurer. This case is from the Northern District, Dallas Division. It is styled, Charlize Marie Baker v. Aetna Life Insurance Co., et al. Baker, who…
As strange as this one may seem, it is actually fairly common. This is a Southern District, Houston Division opinion styled, Gavion et al v. ACE American Insurance Company. In 2009, Gavion swerved into the path of a train. He was driving under the policy of his mother’s employer. A…
The case discussed here is from the Houston Division, Southern District. The style of the case is Connecticut General Life Insurance Company, et al v. Elite Center For Minimally Invasive Surgery LLC, et al. This is a Motion for Clarification. Connecticut (Cigna) sued under ERISA, Section 502(a)(3) to enforce and…
The Fort Worth court of Appeals issued an opinion in May 2017, that illustrates the wrong way to pursue a claim and lawsuit for storm and hail damage. The opinion is styled, Richard Seim and Linda Seim v. Allstate Texas Lloyds and Lisa Scott. This a motion for en banc…
Either the insurance company or the insured has a right to demand an appraisal in lots of property insurance contracts. The Waco Court of Appeals issued an opinion recently that discusses these appraisal clauses. The case is styled, In Re GuideOne Mutual Insurance Company. This case is a writ of…