Articles Posted in Claims Refusal

Grand Prairie life insurance attorneys need to know about this 1979, Texas Supreme Court case. It is styled, A. W. Washington v. The Reliable Life Insurance Company. Here is the relevant information.

In October 1974 Reliable issued three life insurance policies pursuant to separate applications made by the insured, Ozell Washington, who named her son, A. W. Washington, as beneficiary.

The facts and circumstances surrounding the issuance of these policies are as follows.

Dallas insurance lawyers who deal with insurance companies very often probably already know this, but for those of you who do not – here is what you need to know and consider when dealing with an insurance company.

1) An insurance company is not your friend. They may sound nice initially when talking with you but they are, from the start, working and trying to find ways to keep from paying on a claim. That is what they do. Never make the mistake of thinking otherwise. Their job is to make money by keeping from paying claims any way they can.

2) The Texas Insurance Code is one place where the laws governing insurance companies and their conduct is regulated. The Texas Department of Insurance is suppose to regulate the insurance companies. The reality is that TDI is overworked and understaffed. If you really want to be treated right by an insurance company – then you must hire an attorney.

Dallas insurance attorneys and those in De Soto, Duncanville, Cedar Hill, and other parts of Dallas County need to know when or if an insurance company is properly voiding an insurance policy.

In addition to the common law standards, several statutory provisions regulate an insurance company’s ability to avoid coverage based on a misrepresentation by the insured. These are found in the Texas Insurance Code, (TIC) Chapter 705. The statute provides:

TIC, Section 705.003 – A provision stating that a misrepresentation in a proof of loss makes the policy void or voidable is of no effect and is not a defense, unless the misrepresentation was:

Fort Worth Insurance Law attorneys need to know the responsibilities of agents in order to know when an agent has violated duties it owes to its insureds.

A 1992, opinion issued by the Amarillo Court of Appeals is noteworthy for the guidance its gives on this matter. The style of the case is, Horn v. Hedgecoke Insurance Agency. Here is some of the relevant information.

This appeal presents the novel question whether an insurance agency, through which an insurance policy was issued naming a mortgagee to whom a loss was payable and who paid the premium, has a duty of reasonably informing the mortgagee of the expiration and non-renewal of the policy by the named insured.

Fort Worth insurance lawyers and all those in Tarrant County should know what “negligent entrustment” is as it relates to auto claims.

Negligent entrustment in auto claims is where one person allows another person to use their auto when they should be aware that it is an unsafe thing to do. This is better explained by the Tyler Court of Appeals in a 1998, case styled, Huynh v. R. Warehousing & Port Services, Inc.

Here are some facts. Specifically, Huynh was driving her Hyundai automobile when she was involved in an accident with Thompson near the intersection of 610 Loop and IH-10 in Houston. Exactly how the accident occurred and who was negligent was contested at trial. Huynh sued Warehousing for negligently entrusting their vehicle a driver who refused to take a drug test after the accident.

Grand Praire life insurance attorneys and those in Dallas. Garland, Mesquite, Richardson, and other places in Dallas County need to understand one of the exclusions found in almost all life insurance policies. That is the “Pilot Exclusion.”

The Texarkana Court of Appeals issued an opinion in 1989, in the case styled, “American Home Assurance Company v. Loretta Anne Brandt.”

Here are some of the facts:

Fort Worth insurance law attorneys and those in Hurst, Euless, Bedford, Grapevine, and other places in Tarrant County would be helping their clients by being aware of the case discussed here.

The case is an opinion issued by the Texas Supreme Court in 1984. The style of the case is, Jo Beth Warren Puckett et al. v. U.S. Fire Insurance Co. Here are some of the relevant facts and information of the case.

The case is a declaratory judgment action. The question presented is whether an insured’s failure to have his plane inspected need be the cause of an accident in order for the insurance company to avoid liability under an aviation policy for damages resulting from that accident. The trial court held that causation was not required and rendered summary judgment for, U.S. Fire Insurance Company. The court of appeals affirmed. The Texas Supreme Court reversed the judgments of both courts and remanded the cause for trial.

Fort Worth lawyers and those in Grand Prairie, Arlington, Benbrook, Lake Worth, Saginaw, Keller, and other places in Tarrant County need to know about this insurance case.

The case is an opinion issued by the Fort Worth Court of Appeals in 2010. The style of the case is, Glenda and Larry Rice v. Metropolitan Life Insurance Company. Here are some of the relevant facts:

Glenda purchased group life insurance for herself and her husband, as her dependent, through a plan offered by her employer. Larry’s rider provided $50,000 in coverage. Glenda retired in March 2003.

Weatherford lawyers and those in Mineral Wells, Aledo, Azle, Brock, Willow Park, Graford, Millsap and other places in Parker County need to know about this insurance case and the exception that often can apply.

The style of the case is, Ulico Casualty Company v. Allied Pilots Association. This is a Texas Supreme Court case and the opinion was issued in 2008.

Here is some background:

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