Articles Posted in Auto Insurance

Grand Prairie lawyers and those in Irving, Fort Worth, Dallas, and the surrounding areas need to know what auto insurance policies pay on claims. If you sue someone for a wrong they have committed and the wrong is so bad as to allow for the recovery of punitive damages, will an auto insurance policy pay the punitive damages?

A 1989, El Paso Court of Appeals case gives some guidance regarding the payment of punitive damages and is still good law. The style of the case is, Emigdia C. Manriquez et al. v. Mid-Century Insurance Company of Texas.

Here is some background:

Grand Prairie attorneys and those in Fort Worth, Colleyville, Grapevine, Keller, Saginaw, Lake Worth, Benbrook, and other places in Tarrant County need to know how the courts interpret language in auto policies.

The El Paso Court of Appeals issued an opinion in 1995, that dealt with how the courts looked at what a “temporary substitute” auto was in an auto policy. The style of the case is, State Farm Mutual Automobile Insurance Company v. Ismael Cobos, Sr., Ismael Cobos, Jr., and Johnny Ray Riley. Here is some background.

Junior was involved in an automobile collision with Riley while driving a truck owned by Senior’s employer. The trial court found Junior covered under the Cobos family insurance policy because the truck was not furnished for Senior’s regular use and because the truck was a substitute vehicle at the time of the accident as defined in the insurance contract per the facts of the case.

Grand Prairie lawyers and those in Mesquite, Garland, De Soto, Cedar Hill, Dallas, and other places in Dallas County need to understand how the courts interpret various insurance policies.

Here is a 1996, case out of the Eastland Court of Appeals that sheds some light on the topic of interpreting auto insurance policies. The style of the case is Gilberto Guerra, Jr. and Mary Massey Guerra v. Sentry Insurance, a Mutual Company.

This is a case wherein the trial court granted summary judgement for the Sentry Insurance. The question on appeal was whether the insurance policy provided liability coverage on an “additional vehicle” which was acquired by the policyholder (and which was involved in an accident within 30 days of its acquisition) when notice was not given to the insurance company within 30 days after the policyholder became the owner of the automobile.

Weatherford Attorneys and those in Springtown, Aledo, Azle, Willow Park, Hudson Oaks, Brock, Millsap, Cool, Mineral Wells, and other places in Parker County need to know how the courts look at and determine whether or not someone is a “permissive driver” under an insurance policy.

The Eastland Court of Appeals issued an opinion in 2006, that looked at this issue. The style of the case is, Gary Arkinson v. Nancy Snodgrass and Texas Farm Bureau Insurance. Here is some background:

Gary Atkinson sued Nancy Snodgrass and Texas Farm Bureau Insurance to recover damages he sustained in a motor vehicle accident with Ted Horn. Atkinson alleged that Snodgrass negligently entrusted a vehicle to Horn and that Farm Bureau was responsible for a default judgment that he had taken against Horn. The parties filed cross-motions for summary judgment. The trial court granted Snodgrass and Farm Bureau’s motion for summary judgment and dismissed Atkinson’s claims against them.Snodgrass asked Horn to repair her pickup’s transmission. She drove the pickup to Horn’s residence and left it with the keys. Horn eventually returned the pickup to Snodgrass and represented that the transmission had been repaired. Snodgrass test-drove the pickup and discovered that it still did not shift properly. She told Horn that this was unacceptable and that she wanted her pickup repaired. Horn drove the pickup back to his house. Two days later, Horn and his daughter drove the pickup to Lake Brownwood — approximately forty-five miles from his house — and were involved in an accident with Atkinson.

Fort Worth Insurance Lawyers and those in Grand Prairie, Saginaw, Benbrook, Lake Worth, Grapevine, and other places in Tarrant County need to understand who gets covered by an auto insurance policy and who doesn’t. Here is a case that helps with part of that question.

It is a 1989, Dallas Court of Appeals case. The style is United States Fire Insurance Company v. United Service Automobile Association. Here are some facts.

This is an appeal involving a dispute between insurance companies over which one has a duty to defend Anna Milliken, a passenger in an auto, who allegedly caused an accident by grabbing the steering wheel of a moving vehicle.

Weatherford attorneys and those in Springtown, Aledo, Azle, Mineral Wells, Millsap, Brock, Willow Park, Hudson Oaks, and even out in Grafford need to be sure what an “accidental loss” is under an insurance policy.

The Austin Court of Appeals dealt specifically with this issue in a 1997 opinion. The style of the case is, State Farm Mutual Automobile Insurance Company v. Joel Kelly. The issue in this case is whether or not a car that was confiscated by authorities that had previously been stolen is a “accidental loss” under the policy at issue.

Here is some background:

Weatherford lawyers and those in Springtown, Aledo, Azle, Mineral Wells, Millsap, Brock, Willow Park, Hudson Oaks, and even out in Grafford need to be sure what a “covered auto” is under an insurance policy.

The Austin Court of Appeals dealt specifically with this issue in a 1997 opinion. The style of the case is, State Farm Mutual Automobile Insurance Company v. Joel Kelly. The issue in this case is whether or not a car that was previously stolen is a “covered auto” under the policy at issue.

Here is some background:

Fort Worth Insurance Lawyers and those in Saginaw, Grapevine, Benbrook, Burleson, and other places around Tarrant County need to grasp how courts interpret the different words and phrases in an insurance contract.

The meaning of “motor vehicle accident” may seem to be an easy to understand phrase but the phrase was the subject of a lawsuit that went all the way to the Texas Supreme Court. This 2004, case is titled, “Texas Farm Bureau Mutual Insurance Company v. Jeff A. Sturrock.” Here is some background.

Jeff Sturrock drove his truck to work, parked, and turned off the engine. While exiting the truck, he entangled his left foot on the raised portion of the truck’s facing. Sturrock injured his neck and shoulder in his attempt to prevent himself from falling from the vehicle. Sturrock filed a claim for Personal Injury Protection (PIP) benefits under his vehicle’s insurance policy, issued by Texas Farm Bureau.

Weatherford Insurance Lawyers and those in Mineral Wells, Springtown, Aledo, Azle, Millsap, Cool, Brock, Willow Park, Hudson Oaks, and other places in the Parker County area need to know how to read an insurance policy.

One thing that attorneys need to have a good understanding about is how to interpret insurance policy definitions. Understanding how the courts interpret the language in the policy assists the attorney in advising a client in a proper course of action.

The Waco Court of Appeals issued an opinion in 1963, that is helpful in the determining when a vehicle is “occupied.”

Grand Prairie lawyers and those in Arlington, Fort Worth, Dallas, Grapevine, Richardson, Farmers Branch, Carrollton, Mesquite, and other places in the DFW area need to understand this part of an insurance policy.

It is the part dealing with defining “residents of a household.” This is usually a fact question for a judge or jury to decide.

A 1958, El Paso Court of Appeals case, Afredo Arellano v. Maryland Casualty Company issued an opinion that is still good guidance today.

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