Auto Insurance

Insurance – Resident Of The Same Household – Divorce

October 20, 2011 | Mark S. Humphreys

Insured’s in Grand Prairie, Irving, Garland, Mesquite, Dallas, Carrollton, Richardson, Duncanville, De Soto, and other places in Dallas County might have a hard time believing some of the reasons an insurance company will use for denying a claim. Here is one they tried but it did not work regarding the child of divorced parents.

The case was decided by the Texarkana Court of Appeals in 1978. The style of the case is, Hartford Casualty Insurance Company v. Barbara Smith Phillips, Individually and as Personal Representative of the Estate of Jerry Glenn Phillips.

This case involves the question of coverage under the uninsured motorist provisions of a policy of automobile liability insurance. Barbara Phillips was the named insured and sought recovery of damages for bodily injuries sustained by her son, Jerry Glenn Phillips, as a result of an accident caused by an uninsured motorist. At trial, the jury found that Jerry was a “resident of the same household” as Barbara. Hartford contended that Jerry was not such a resident as a matter of law; that there is no evidence to support the jury finding; that there was insufficient evidence to support such finding; and that such finding was so against the great weight and preponderance of the evidence as to be manifestly wrong and unjust.

Residents Of The Same Household

October 18, 2011 | Mark S. Humphreys

Insureds in Grand Prairie, Arlington, Fort Worth, North Richland Hills, Hurst, Euless, Bedford, Dalworthington Gardens, Lake Worth, Crowley, or anywhere else in Tarrant County may wonder when a person is determined to be a member of the household for insurance purposes under an insurance policy. Guidance to an answer of that question was provided in a case in 1977.

The style of the case is, Southern Farm Bureau Casualty Insurance Company v. Kenneth C. Kimball et al. The opinion was issued by the Waco Court of Appeals.

Kenneth Kimball was the named insured under a policy issued by Southern Farm Bureau Casualty Insurance Company. Kenneth’s wife, Connie was killed in an automobile accident with an uninsured motorist when the policy was in force. At the time of her death, she and Kenneth were separated, living in separate residences, and a divorce action by her was pending. Farm bureau filed a declaratory judgment as to its responsibilities under the policy for uninsured motorist protection benefits, personal injury benefits, and death indemnity benefits. On the trial, under stipulated facts, the only issue raised by the parties was whether Connie and Kenneth were “residents of the same household,” as that term is used in the policy, at the time of Connie’s death.

Timely Payment Of Claims

September 15, 2011 | Mark S. Humphreys

An insured in Weatherford, Mineral Wells, Aledo, Hudson Oaks, Willow Park, Peaster, Azle, Springtown, Millsap, Brock, Cool, Poolville, or anywhere else in Parker County would expect any claim they make to be paid in a timely manner. So what happens if it is not paid in time?

A 1995, Amarillo Court of Appeals case styled, Doris Rusk, Roger Lusk, and Russell D. Daves v. Honorable Cecil G. Puryear, addressed this issue.

Keep in mind that first, an experienced Insurance Law Attorney should be consulted to help in these situations. Next, here is what happened in this case.

Exemplary Damages In Auto Policies

August 4, 2011 | Mark S. Humphreys

A 1989 case decided by the Court of Appeals, El Paso, would be of interest to those in Grand Prairie, Fort Worth, Arlington, Mansfield, Crowley, Grapevine, Duncanville, Lake Worth, and other places in Texas who have a claim for exemplary damages.

The style of the case is, Emigdia C. Manriquez, Individually and on Behalf of all Statutory Wrongful Death Beneficiaries of Jorge Ramon Manriquez, Deceased v. Mid-Century Insurance Company of Texas. Here is some background.

Manriquez and her group, are the widow and surviving parents of a pedestrian killed when struck by an unlicensed minor, Gregory Daniel Alkofer. A lawsuit resulted from this event.

Policy Interpretation – Residents Of Household

July 21, 2011 | Mark S. Humphreys

Insureds in Grand Prairie, Arlington, Grapevine, Keller, Flower Mound, Rhome, Ponder, Justin, Haslet, Saginaw, Farmers Branch, and other places in Texas might think they know the meaning of household resident. They would be surprised that often times an insurance company is going to fight over what it means when someone makes a claim. Here is an example.

The Texas Court of Appeals, Waco, determined a case in 1977, which is still good law. The case is styled, Southern Farm Bureau Casualty Insurance Company v. Kenneth C. Kimball et al. Here are some facts of the case.

Kenneth Kimball was the named insured in a family automobile policy issued by Southern Farm Bureau. Kenneth’s wife, Connie, was killed in an automobile accident with an uninsured motorist when the policy was in force. At the time of her death, she and Kenneth were separated, living in separate residences, and a divorce action filed by her was pending. Farm Bureau filed a declaratory judgment asking the court to declare that they did not owe any benefits under the policy. The case was heard on stipulated facts. The only issue raised was whether Connie and Kenneth were “residents of the same household,” as that term is used in the policy, at the time of Connie’s death.

Duty To Cooperate With Insurance Company

July 16, 2011 | Mark S. Humphreys

If you have insurance in Grand Prairie, Arlington, Mansfield, Garland, Richardson, Mesquite, Rowlett, Fort Worth, Dallas, or anywhere else in the Dallas and Fort Worth metroplex area, you most likely have the same obligation as everyone else in the State of Texas, and that is the duty to cooperate with any investigation your insurance company wants to conduct with respect to any claim you are involved in.

The Dallas Court of Appeals issued an opinion in a case on June 21, 2011, that dealt with this duty to cooperate with your insurance company. The style of the case is quite long and is abbreviated here to, Ann Martinez v. ACCC Insurance Company.

In this case there were three insurance entities sued together and the trial court granted a summary judgment in favor of the three entities. Here is some background:

Insurance And Car Ownership

July 12, 2011 | Mark S. Humphreys

Car owners from Grand Prairie, Saginaw, Colleyville, Keller, Grapevine, Haslet, Boyd, Rhome, Hurst, Euless, Bedford, and other areas in the Dallas – Fort Worth metroplex would be interested in this case.

The style of the case is, Hector Valdez v. Colonial County Mutual Insurance Company. The opinion was issued in 1999, by the Texas Court of Appeals in Austin. It is an appeal from a summary judgment ruling in favor of Colonial. Here is some background.

On November 9, 1994, Valdez purchased insurance on his 1992 Plymouth Acclaim. Shortly after Christmas of that same year, Valdez sold and transferred the title of the vehicle to his adult son, Rene. Rene, with cosigner Liliana De La Garza, obtained new financing for the vehicle from Mercantile Bank. On December 29, 1994, Valdez notified Colonial about the new lien holder. Valdez did not report the change in title to Colonial, but Colonial’s Change in Policy Request form did not request such information.

How Much Does An Insurance Company Have To Pay On A Claim

June 21, 2011 | Mark S. Humphreys

A natural question for someone in Grand Prairie, Arlington, Mansfield, Fort Worth, Dallas, Hurst, Euless, Bedford, North Richland Hills, and other places in Texas would be – How much does an insurance company have to pay on a claim? The answer is – It depends on many things?

A Fort Worth Court of Appeals case, decided in 2000, gives some insight into how much an insurance company may have to pay on a claim. The style of the case is, Thomas Carter, Mary Carter, and Ed Carter v. State Farm Mutual Automobile Insurance Company. Here is some background.

In April of 1997, Thomas Carter, Kari Brunson, Jeff Goodman, Michelle Keeffe, and Craig Derrick were traveling west on I-30 in an Isuzu. At the same time, Jennifer Puterbaugh was traveling the same direction at a high rate of speed weaving through traffic and struck the Isuzu from behind. The collision caused the death of Kari Brunson and injured the four other occupants of the Isuzu. State Farm insured Michelle Keeffe, the Isuzu’s owner, against loss caused by bodily injury under a $50,000 per person up to $100,000 per incident uninsured/underinsured (UM/UIM) policy.

Insurance Policies And Punitive Damages

June 14, 2011 | Mark S. Humphreys

Insured’s in Grand Prairie, Arlington, Fort Worth, Burleson, Crowley, Benbrook, Hurst, Euless, Bedford, North Richland Hills, and other places in Tarrant County and Texas rarely understand what is covered in their auto insurance policy and what is not.

Here is a case decided in 1989, discussing exemplary damages. The case was decided by the El Paso Court of Appeals and is styled, Emigdia C. Manriquez, Individually and on Behalf of all Statutory Wrongful Death Beneficiaries of Jorge Ramon Manriquez, Deceased v. Mid-Century Insurance Company of Texas.

Here are some facts of the case.

Excluded Drivers In An Automobile Policy

May 28, 2011 | Mark S. Humphreys

Insureds in Grand Prairie, Arlington, Fort Worth, Pantego, Dalworthington Gardens, North Richland Hills, Saginaw, Lake Worth, Benbrook, and other places in Tarrant County and Texas need to have some understanding of what an excluded driver is in an automobile insurance policy. An excluded driver is a driver who is not insured under an automobile insurance policy. For some reason the insurance company is refusing to insure the driver. The reasons could vary widely.

A case decided in July, 1993, by the Texarkana Court of Appeals deals with excluded drivers and is worth having an understanding about for future reference. The style of the case is, John DiFrancesco and DSS Partnership d/b/a DS & S Farms v. Houston General Insurance Company. Here is some background.

In July 1990, an automobile accident occurred in which a pickup truck owned by the Partnership and driven by their employee, Thomas V. Avey, was involved. The Partners and Avey were sued for damages by Troy and Nikki Beckham. The Beckhams were allegedly forced off the road and injured by a pickup truck owned by the partnership and operated by Avey. The Partners demanded Houston General defend them which Houston General did, subject to a reservation of rights.