General

Insurance Agents Who Cheat

March 3, 2011 | Mark S. Humphreys

There are insurance agents in Grand Prairie, Arlington, Dallas, Fort Worth, Mansfield, Crowley, Everman, Burleson, Benbrook, Lake Worth, and all over Texas. What happens when one of those insurance agent is cheating? The answer would depend on how it is that they are “cheating”. Some of their actions are violations of the Texas Insurance Code. Other times their actions are outright fraud or criminal in nature. One thing for certain is that an experienced Insurance Law Attorney needs to be consulted as soon as you think something is wrong.

A February 8, 2011, article illustrates what some agents do. The article was published in the MetroWest Daily News, a Framingham, Massachusetts, newspaper. The article is titled, “Insurance Scam Hits Framingham Towing Company.” The article is written by Danielle Ameden, a staff reporter for the newspaper.

The article in part says:

Statute Of Limitations In Insurance Policy

February 24, 2011 | Mark S. Humphreys

Here is one for policy holders in Grand Prairie, Arlington, Dallas, Fort Worth, Garland, Mesquite, Irving, Richardson, Wylie, Highland Park, Oak Cliff, and other parts of Texas to consider. What is the statute of limitations for sueing under an insurance policy? Well, it depends.

The Texas Civil Practices & Remedies Code, Section 16.051, says:

Every action for which there is no express limitation period, except an action for the recovery of real property, must be brought not later than four years after the day the cause of action accrues.

Appraisal In Insurance Policies

February 20, 2011 | Mark S. Humphreys

Policy holders in Grand Prairie, Arlington, Dallas, Fort Worth, Flower Mound, Haslet, Saginaw, Newark, Benbrook, Crowley, Cedar Hill, Hutchins, and other places in Texas will wonder what an “appraisal clause” in their insurance policy means. Insurance companies put these in policies because it is a good thing for them. There are ways of getting around these clauses, but an experienced Insurance Law Attorney needs to be consulted.

Many property insurance policies contain appraisal clauses. These clauses define a process for appraising the value of the damaged property, if the parties cannot agree. Common provisions call for each party to choose an appraiser. Those appraisers then choose a neutral third appraiser, called an umpire. If the parties or their appraisers cannot agree on an umpire, either party may petition a court to appoint one. Once the appraisers and umpire are chosen, they value the loss. If all do not agree on the value, the decision of any two will control. The intent is to give the insurance company and the insured a simple, speedy, and fair means of deciding disputed values. This was stated in the Texas Appeals Court in Waco, as far back as 1938. The reality however is that this is not always the case.

When two appraisers do not agree, the umpire does not simply choose between them. It is the duty of the umpire to ascertain and determine, in the exercise of his own judgment and as the result of his own investigation, the values of the disputed items. This is what a San Antonio Appeals Court said in 1994.

Assignment Of Insurance Claims

February 17, 2011 | Mark S. Humphreys

Someone in Grand Prairie, Arlington, Dallas, Fort Worth, Grapevine, Colleyville, Keller, North Richland Hills, Roanoke, Azle, Hurst, Euless, Bedford, or anywhere else in Texas who has a claim may run into a situation where they are considering to assign their claim to someone else. There are multiple reasons they might want to do this. Before actually assigning a claim it might be wise to read the following case.

The case is, Nautilus Insurance Company, et al. v. Concierge Care Nursing Centers, Inc., et al. This case was decided by the United States District Court for the Southern District of Texas, Houston Division, on December 23, 2010. Here is some background:

In 1999, Brae Burn Construction Company, Inc. (Brae Burn) entered into a contract to build a skilled nursing facility for Concierge Care Nursing Centers, Inc. (Concierge). Brae Burn entered into subcontracts with Nevco Waterproofing, Inc. (insured by Nautilus Insurance Company), Antex Roofing, Inc (insured by Travelers), Mitchell Chuoke Plumbing, Inc. (insured by Amerisure) and Conex Constructors, Inc. (insured by Evanston). In August 2000, a Certificate of Substantial Completion was issued, and Concierge took possession and control of the building.

Insurance Fraud Article

February 15, 2011 | Mark S. Humphreys

There are many things insured people in Cleburne, Granbury, Aledo, Burleson, Keene, Joshua, Wylie, Roanoke, Keller, Colleyville, and the major cities, like Dallas, Fort Worth, and others need to be aware of as it relates to applying for, or receiving benefits from an insurance policy. A good example of this is found in an article written by Shan Li in the Los Angeles Times.

The article was published on January 25, 2011, and is titled, “Insurers Are Scouring Social Media For Evidence Of Fraud.” Much of the content of the article is included here and is a good read for “one of those things consumers need to be aware of.”

The internet social network sites such as Facebook and Twitter are great sources of information and fun and communication between relatives and friends. One downside to these sites is that other people can find out things that you may not want being public. But as the article tells us, now there’s another reason to be careful about what you post on Facebook and Twitter: “Your insurance company may be watching.”

Insurance Policy Assignment

February 10, 2011 | Mark S. Humphreys

Can someone in Burleson, Benbrook, Crowley, Cleburne, Keene, Joshua, Arlington, Pantego, Mansfield, Fort Worth, Granbury, or any other place in Texas assign the benefits of their insurance policy to someone else? The answer is, it depends.

Like other contract rights, the right to insurance proceeds can be assigned, giving the assignee the right to recover under the policy. This was stated in the 1968, Texas Supreme Court case, McAllen State Bank v. Texas Bank & Trust Company. However, a policy may contain a non-assignment clause, which will be enforced.

An example of this can be found in the case styled, Texas Farmers Insurance Company v. Sally Gerdes, By and Through Her Assignee, Griffin Chiropractice Clinic. This is a case decided in 1994, by the Fort Worth Court of Appeals.

Can An Insurance Lawyer Tell You Who Recovers On A Policy

February 6, 2011 | Mark S. Humphreys

Residents of Grand Prairie, Arlington, Grand Prairie, Mansfield, Cedar Hill, De Soto, Duncanville, Dallas, Fort Worth, Burleson, and other places in Texas may need an attorney to tell them who has rights under an insurance policy. For the best and most informative information an experienced Insurance Lawyer needs to be consulted.

So, who can recover on an insurance policy?

Of course, the named insured, as a party to the insurance policy, may file a lawsuit on the policy. Obviously, someone named as a beneficiary may also enforce the contract with the insurance company. This was stated in a Texas Supreme Court in 1967, in the case, McFarland v. Franklin Life Insurance Company.

Bad Faith And Insurance Contracts

January 30, 2011 | Mark S. Humphreys

How does this stuff work?! That is a question someone in Dallas, Fort Worth, Grand Prairie, Weatherford, Arlington, Mansfield, Irving, or anywhere else in Texas might ask when it comes to insurance contracts and bad faith insurance.

“Insurance coverage claims and bad faith claims are by their nature independent. But, in most circumstances, an insured may not prevail on a bad faith claim without first showing that the insurer breached the contract.” This was stated in the Texas Supreme Court case styled, Liberty National Fire Insurance Company v. The Honorable Ted Akin, decided in 1996.

The case is called a mandamus proceeding.

Insurance Policies Are Contracts

January 27, 2011 | Mark S. Humphreys

Someone in Grand Prairie, Arlington, Mansfield, Dallas, Fort Worth, Cedar Hill, Duncanville, De Soto, Benbrook, Burleson, Cleburne, Weatherford, Granbury, or just about anywhere else in Texas might ask; What is the difference between an insurance policy and a contract!

Here is the answer – An insurance policy is a contract. Insurance policies are contracts, and as such are subject to rules applicable to the rules governing contracts. The Texas Supreme Court had this argued before them in a 1994 case styled, Hernandez v. Gulf Group Lloyds. In the case, the Texas Supreme Court affirmed this legal position regarding insurance policies.

A person who is sueing, that is, seeking to recover on an insurance contract must prove that the contract was in force at the time of the loss. Also, the person who is claiming under a policy is required to produce the insurance contract upon which he sues or to prove its terms. That is what the Tyler Court of Appeals stated in 1975, in the case Hartford Accident and Indemnity Company v. Spain.

Home Owners Policy

January 25, 2011 | Mark S. Humphreys

Not many people in Dallas, Fort Worth, Grand Prairie, Arlington, Mansfield, Cedar Hill, Duncanville, De Soto, Lancaster, or elsewhere in North Texas have to worry about an issue that some gulf coast residents have to be concerned about. That is the drywall cases that have resulted from hurricane Katrina and hurricane Ike.

The Miami Herald published an article on January 3, 2011. The article is titled, Drywall Insurance Coverage Still Possible.” It was writen by Duane Marseller. Much of the article is quoted here.

The drywall cases are cases that resulted after hurricanes where homes were damaged. When this occurred there were a large number of homes that were repaired using a drywall product that was manufactured in China. It turned out that the drywall product was defective.