Claims Refusal

Automobile Insurance Policy Exclusions

June 17, 2012 | Mark S. Humphreys

Weatherford insurance lawyers and those in Mineral Wells, Springtown, Aledo, Azle, Willow Park, Hudson Oaks, Peaster, Poolville, Cool, Millsap, Brock, and other places in Parker County would want to know about the opinion in this case.

The case is from the Eastland Court of Appeals and was decided in 1965. The style of the case is, Hilliard Gonzales et al. v. Farmers Insurance Exchange.

Hilliard Gonzales and Noe Mata filed suit against Farmers for benefits under a family automobile policy written for Ramon Gonzales, the father of Hilliard. The case was tried to the Judge without a jury and judgment was rendered against Gonzales.

Insurance Policy Exclusion

June 16, 2012 | Mark S. Humphreys

Grand Prairie insurance attorneys and those in Dallas, Fort Worth, Arlington, Mansfield, Grapevine, and other places in the Dallas – Fort Worth metroplex need to be aware of the exclusions in insurance policies and how to interpret them. Here is a case that deals with an exclusion in an automobile policy.

The style of the case is, “Carl Calvin Futrell v. Indiana Lumbermens Mutual Insurance Company. This is a 1971, opinion issued by the Houston Court of Appeals. Here is some background.

The case is a suit on medical payment benefits under an automobile insurance policy. The insured sued for medical expenses incurred by his minor son, who was injured while riding a motorbike when it collided with a motorcycle. Futrell contended that the trial court erred in concluding that a motorcycle is not an automobile within the meaning of that term as it is used in the medical payments coverage of the Texas family combination automobile insurance policy.

Life Insurance Denial

June 7, 2012 | Mark S. Humphreys

Insurance lawyers in Grand Prairie, Arlington, Fort Worth, Haslet, Roanoke, Newark, Saginaw, and other places in Tarrant County would want to be aware of this case.

The case opinion was issued in 1980, by the Texas Supreme Court. The style of the case is, Mattie Emmaline Mayes v. Massachusetts Mutual Life Insurance Company. It is one of those cases that Insurance Law Attorneys need to be aware of.

Rather than being decided on a motion for summary judgment, the way many insurance cases are decided, this case went to trial and there was a finding for Mayes. The intermediate appeals court reversed the trial court and then the Texas Supreme Court reversed the intermediate court and sent the case back to the trial court for further findings.

Life Insurance Policy And Lawyer

April 17, 2012 | Mark S. Humphreys

It is hard for someone in Weatherford, Mineral Wells, Millsap, Aledo, Hudson Oaks, Springtown, Willow Park, or any where else in Parker County to understand a life insurance policy. Here is a case that shows how some are interpreted.

The style of the case is Assurity Life Insurance Company v. Varsha Grogan, et al. This is a case decided by the United States Fifth Circuit Court of Appeals in 2007. It is an appeal from the district court’s entry of final judgment in favor of Grogan entitling her to proceeds from her husband’s life insurance policy. Assurity argued that, under Texas law, the policy issued to Mr. Grogan never took effect because it contained a “good health” condition precedent to its effectiveness; and that Mr. Grogan was not in good health on the date relevant to the policy’s effectiveness.

On April 4, 2002, Mr. Grogan submitted to Assurity an application for $1,000,000 of whole life insurance on his own life. This application did not progress and was later closed. On August 8, 2002, Mr. Grogan sent Assurity a letter reaffirming his desire to apply for the policy.

Flood Damage Claim

April 1, 2012 | Mark S. Humphreys

People in Weatherford, Aledo, Azle, Springtown, Hudson Oaks, Willow Park, Millsap, Brock, Mineral Wells, and other places in Parker County prone to flooding losses should be interested in a recent opinion issued by the United States Fifth Circuit Court of Appeals.

The opinion was issued on March 6, 2012, and the style of the case is, Tom Worthen v. Fidelity National Property and Casualty Insurance Company. The case is an appeal by Fidelity National regarding a summary judgment in favor of their insured, Worthen. This appeals court reversed and rendered in favor of Fidelity National.

Here is some background information.

Misrepresentation Clarified, A Little

February 19, 2012 | Mark S. Humphreys

Insured people in Weatherford, Fort Worth, Grand Prairie, Mineral Wells, Springtown, Azle, Aledo, and other places in Tarrant and Parker Counties might understand a little more about misrepresentation after reading about the case here.

The case is styled, Tellez v. Encompass Insurance Company of America.

This opinion was issued by the United States Federal District Court, Eastern District, in 2004. Here are some of the facts.

Hire An Attorney When The Insurance Company Refuses To Defend

January 15, 2012 | Mark S. Humphreys

Insureds in Weatherford, Mineral Wells, Aledo, Azle, Willow Park, Hudson Oaks, Springtown, Millsap, Brock, and all other places in Parker County have to protect themselves immediately by seeing an Insurance Law Attorney when their insurance company refuses to defend them in a lawsuit.

A 1998, Dallas Court of Appeals case serves as an example of what happens when someone delays in hiring an attorney. The style of the case is, Greenberg, et al v. Cigna Lloyds Insurance Company. Here are some facts:

Greenburg was the independent executor as well as the trustee for his brother’s children. The children eventually brought suit against Greenberg in Probate Court alleging among other things that Greenberg was liable for improper self dealing and breach of fiduciary duty. After receiving notice of the suit, Greenberg contacted two insurance companies that had secured insurance policies, including commercial general liability policies. Greenberg and his sons were told that there was no coverage under the policies. Greenberg hired an attorney to represent him in the probate suit. Judgment was rendered against him. Later, he entered into a compromise settlement agreement under which Greenberg agreed to pay $1.1 million. The trial in the underlying probate case began on September 25, 1989. In September 1994, Greenberg filed suit against Cigna as well as other insurance companies alleging breach of contract, breach of fiduciary duty, breach of duty of good faith and fair dealing, negligence, gross negligence, breach of express and implied warranties, violations of Texas Insurance Code, Section 541.060, and the DTPA, and intentional misrepresentation. Cigna filed a motion for summary judgment which was granted on the basis of a limitations defense. Greenberg then filed this appeal.

Attorney Bad Faith Issues To Know

December 17, 2011 | Mark S. Humphreys

Bad Faith attorneys in Grand Prairie, Grapevine, Colleyville, Keller, Saginaw, Newark, Southlake, Roanoke, and other places in the DFW metroplex might find this case worth knowing.

The United States District Court, Southern District of Texas, Houston Division, issued an opinion in November 2011, in the case styled “839 East 19th Street, LP v. Lexington Insurance Company, et al.” This is a case wherein a motion for summary judgment filed by one of the defendants, Unified Building Sciences, Inc. (UBS), was granted.

Here is some background:

Attorneys And Insurance Law

December 15, 2011 | Mark S. Humphreys

Attorneys in Weatherford, Grand Prairie, Fort Worth, Mineral Wells, or anywhere else in Texas have to have an understanding of insurance law to handle insurance disputes effectively for clients.

There are different ways of recovering when insurance disputes arise. Many of these theories of recovery have common elements.

Insurance transactions tend to resemble one another, so disputes arising from them tend to resemble one another. There are only so many ways that an insurance company and their customer can get crossways. Most situations present recurring problems that can be grouped into categories. Insurance law is even more precedent-driven than other areas of law, as courts try to construe similar policy language consistently. It is not surprising that many cases start to look alike.

Insurance Lawyer Needed

November 15, 2011 | Mark S. Humphreys

People needing an attorney in Grand Prairie, Arlington, Mansfield, Irving, Fort Worth, Dallas, and other places in Texas will probably get confused on this case and realize the necessity of hiring an experienced Insurance Law Attorney.

The Amarillo, Court of Appeals, issued an opinion on October 17, 2011, styled, In Re Farmers Texas County Mutual Insurance Company. This is a case where Farmers was seeking the issuance of a writ of mandamus from this appeals court. Farmers was asking this court to issue an order to Judge Carter Schildknecht of the 106th Judicial District Court of Garza County, Texas, to abate trial on extra-contractual claims asserted by real-party-in-interest, Terry Henrie. This court denied Farmers request.

Here is some background.