Auto Insurance

When Does “Use” Equal Coverage On An Auto Policy?

September 26, 2010 | Mark S. Humphreys

A guy in Grand Prairie gets his claim denied. Or maybe, it is someone in Arlington, Grapevine, Bedford, De Soto, Duncanville, Burleson, Crowley, or anywhere else in Texas. How do you know if your insurance policy covers a claim. The lawerly answer is: It depends. But here are two things to do. First, read the policy. Second, consult with an experienced Insurance Law Attorney.

Here is a case that talks about coverage in the uninsured motorist context. The case is, Rick Collier v. Employers National Insurance Company. This is a 1993, case, decided by the Court of Appeals of Texas, Fourteenth District, Houston.

The court in this case, denied Collier’s claim that uninsured motorist coverage extended to the facts in this case. Here are the facts.

Insurance Coverage – Policy Language In Liability Policy

September 19, 2010 | Mark S. Humphreys

Even really educated people in Arlington, Dallas, Fort Worth, Grand Prairie, Weatherford, Mesquite, Grapevine, Mansfield, or out in Parker County will sometimes have a hard time understanding when an insurance policy provides coverage and when it doesn’t.

Here is an old insurance law case that is still good law. The case was decided by the Texas Supreme Court in 1979. The style of the case is, Security Mutual Casualty Company v. Herman G. Johnson et al.

Herman Johnson and Timothy Johnson sued their insurer, Security Mutual Casualty Company, to recover the amount of a judgment rendered against Timothy for damages to a pickup truck driven by him. The Texas Supreme Court ruled in favor of the insurance company. Here are the facts and reasons for their decision.

Auto Insurance And Excluded Drivers

September 12, 2010 | Mark S. Humphreys

A question that may be asked by a resident of Grand Prairie, Arlington, Dallas, Mansfield, Irving, Mesquite, Garland, Fort Worth, Duncanville, or other places in Texas might be; What is an “excluded driver?”

An excluded driver is essentially someone who is driving a car without insurance because that person is excluded from coverage by the insurance policy. This usually happens with teenage drivers who the parents have excluded from coverage on the insurance policy to avoid having to pay the higher premiums the teenage driver would cause by being on the policy.

An excluded driver case was decided by the Court of Appeals of Texas, Houston (14th Dist.), on August 12, 2010. The case is styled, Jose A. Perez and Nancy C. Perez v. Old American County Mutual Fire Insurance Company. The courts’ opinion was issued by Justice, Tracy Christopher.

Automobile Insurance Policy

September 11, 2010 | Mark S. Humphreys

Oops! That’s what someone from Aledo, Hurst, Euless, Bedford, De Soto, Dallas, Fort Worth, Grand Prairie, Arlington, and other cities might say when they wait too long to consult with an experienced Insurance Law Attorney. When a claim is denied it is vital that the person who has that claim denied contact an attorney asap.

The Court of Appeals of Texas, El Paso, rendered a decision on August 24, 2010, where it appears the claimant waited too long to make their claim. The style of this case is, Sonia Caballero de Rangel and Eliazar Rangel v. Progressive County Mutual Insurance Company. The opinion is written by Justice, Ann Crawford McClure.

Here are some facts. On October 20, 2001, the Rangels purchased a vehicle. On the same day they obtained insurance coverage from Progressive for the vehicle. On June 3, 2006, the Rangels drove the vehicle to Juarez, Mexico, and it was stolen. Ms Rangel told a claims adjuster that she drove the vehicle to Juarez on a daily basis because her mother cared for her children. When the adjuster asked if she had driven it thirty times to Juarez in the month, Ms Rangel stated, “No, approximately 20 times per month … I would estimate.” Progressive denied the Rangels theft claim based on a provision in the policy excluding coverage if the vehicle was driven into Mexico more than ten times in the thirty day period leading up to the actual date of loss.

“Family Member” In Auto Policy

September 2, 2010 | Mark S. Humphreys

If you live in Mansfield, Arlington, Dallas, Fort Worth, Grand Prairie, Hurst, Euless, Bedford, Grapevine, Keller, Colleyville, or anywhere else in Texas, how is “family member” defined in a Texas Insurance Policy?

The answer would seem to be simple on its face, but it is not. If you are having to decide this based on the definition in an automobile insurance policy, here is a “standard” definition in most auto policies:

Family member means a person who is a resident of your household and related to you by blood, marriage or adoption. This definition includes a ward or foster child who is a resident of your household, and also includes your spouse even when not a resident of your household during a period of separation in contemplation of divorce.

Auto Insurance And Vehicle Repairs

August 24, 2010 | Mark S. Humphreys

No matter where you live, Fort Worth, Dallas, Grand Prairie, Mansfield, Arlington, Haslet, Hurst, Euless, Bedford, or some other place in Texas, at some point you are going to need repairs to your vehicle due to an accident. So the question becomes: If you have insurance, does insurance cover the repairs? Of course, the answer will depend on the type of insurance you have. Plus, an experienced Insurance Law Attorney is probably a good source for guidance to an answer to the question. Here is a case to look at for some help.

The case is, Great Texas County Mutual Insurance Company v. Emmett C. Lewis. This case was decided in 1998 by the Austin Court of Appeals.

This case was appealed by Great Texas County Mutual Insurance Company (Great Texas) after the trial court ruled in favor of Lewis. The Austin Court of Appeals upheld the judgement against Great Texas.

Loss Of Use / Rental

August 21, 2010 | Mark S. Humphreys

If you live in Grand Prairie, Arlington, Mansfield, Dallas, Fort Worth, Burleson, Southlake, Hurst, Euless, Bedford, Lake Worth, or anywhere else in Texas, you might wonder what happens if your car is involved in a wreck and it is the other person who is at fault, then the other person’s insurance refuses to fix the car. What happens?

That is kind of what happened in the 1997 case, Cirilo Mondragon v. Morris Austin. This case was decided by the Austin, Court of Appeals.

To begin with, this case is not that uncommon. When something like this happens, it would be prudent to seek the advice of an experienced Insurance Law Attorney.

Hospital Liens In Texas And Insurance

July 14, 2010 | Mark S. Humphreys

What if someone in Fort Worth, Arlington, Mansfield, Mesquite, Garland, Irving, Grand Prairie, Dallas, or anywhere else in Texas, is involved in an accident and goes to the hospital for treatment? Are there any special laws that apply?

The answer is yes. It depends on the circumstances, but often times, what is called a “hospital lien” comes into play. If this hospital lien is not properly dealt with it could cost a lot of money and heartache.

Texas public policy strongly supports hospital liens, and it is important to understand that these liens are not just applicable to hospitals; they may also operate for the benefit of EMS providers and doctors at teaching hospitals whose bills are not already included in the bill. The rights of hospitals and certain other medical providers to be paid from settlement proceeds or a judgment begins with the Hospital Lien Statute. This is found in the Texas Property Code, Chapter 55. It says, in relevent part, that a lien attaches to “any cause of action, judgment, or settlement” received as a result of an accident for which the person was admitted to a hospital within 72 hours of the injury, as well as any hospital to which the injured person is subsequently transferred for the same injuries. This is found in Texas Property Code, Section 55.002. These hopital liens must be filed prior to settlement in order to be valid, and hospital liens are limited to “reasonable and regular” charges within the first 100 days following the injury. Even the attorney representing the injured person may have to wrestle with the hospital for first priority, as seen in the Texas Supreme Court case styled, Bashara v. Baptist Memorial Hospital System, decided in 1985.

Towing And Storage Charges And Auto Insurance In Texas

July 1, 2010 | Mark S. Humphreys

Someone living in Flower Mound, Haslet, Grand Prairie, Arlington, Mansfield, Crowley, Cedar Hill, Carrollton, Irving, or anywhere else in Texas may wonder what happens or who is suppose to pay the towing and storage charges resulting from an accident. This was the issue in a recent court case.

The Court of Appeals, Eastland, Texas, decided a case on June 3, 2010, where this was the issue. Or more specifically, the issue was more along the line; How much does the insurance company for the at fault driver have to pay for these charges? The opinion was authored by Justice, Rick Strange. The style of the case is, Underwriters at Lloyds of London v. Robert Harris, Individually and d/b/a Harris Garage.

In this case, Robert Harris (Harris) filed suit against Underwriters at Lloyds of London (Underwriters) seeking towing and storage charges and attorney’s fees. The jury found in favor of Harris in all three causes of action and Underwriters appealed.

Texas Policies And Out Of State Policies?

May 31, 2010 | Mark S. Humphreys

Policyholders in Arlington, Aledo, Farmers Branch, Grand Prairie, De Soto, Lancaster, Fort Worth, Mansfield, Weatherford, or any other town in Texas might have the following question. What happens if I am in an accident when I am out of state? Or they might ask, what happens when someone from out of state has an accident with me in Texas when they are at fault?

Let’s consider the last question first. What happens when someone from out of state has an accident in Texas when that out of state person is at fault in the accident? The only part of an extensive answer to this question that is relevant is this:

In a state like Oklahoma, who has minimum policy limits that are less than the minimum limits in Texas, what happens. The Texas Transportation Code, Section 601.001 et seq. sets the minimum liability limits in Texas at $25,000 per person or $50,000 per incident on the bodily injury portion of an automobile policy. The State of Oklahoma has limits as low as $15,000 per person. When someone is driving in Texas with an automobile insurance policy issued from some state other than Texas, the minimum limits in Texas apply. This is the case regardless of the fact that the Oklahoma policy clearly says the minimum limits are $15,000. Other differences are not relevant or, are not going to arise very often.