General

Settling Claims And Liens And Subrogations In Texas

July 11, 2010 | Mark S. Humphreys

What is a lien? The person in Flower Mound, Haslet, Saginaw, Irving, Carrollton, De Soto, Grand Prairie, Arlington, Mansfield, Fort Worth, or anywhere else in Texas may ask that question.

Generally speaking, in the insurance context a lien is a right to money that a third person may eventually get. Others describe it as a property right which remains attached to an object tht has been sold, but not totally paid for, until complete payment has been made. Another way of putting it is, a hold or claim which one person has upon the property of another as a security for some debt or charge.

In the insurance world a lien normally arises where some person or business causes injury to someone. After the injury, the injured person seeks and receives medical care that his personal health insurance pays for. When this occurs the health insurance company will usually have a subrogation lien against the person or business that caused the injury.

What If Your Insurance Company Goes Out Of Business?

July 10, 2010 | Mark S. Humphreys

Here is a question a resident of Mansfield, Grand Prairie, Arlington, De Soto, Hurst, Benbrook, Burleson, Fort Worth, or any other city in Texas might ask. What happens if my insurance company goes bankrupt?

First of all, insurance companies that have financial problems do not go into or declare bankruptcy. Financially insolvent insurance companies go into receivorship. The Texas Insurance Code, Section 443.004, defines receivorship as any liquidation, rehabilitation, or ancillary conservation.

Companies that write insurance policies in Texas are heavily regulated, and the Texas Legislature has provided numerous safeguards to protect the residents listed above against insurance company insolvency. The Texas Property and Casualty Insurance Guaranty Act is found in the Texas Insurance Code, Chapter 462. Also see, Texas Transportation Code, Section 643.105. (This section 643.105, deals with commercial carriers on the highway such as the companies that insure 18-wheelers) In connection with these statutory safeguards, Article 5.06-1 of the Texas Insurance Code requires the definition of “uninsured motorist” to include a vehicle for which the liability carrier is or becomes insolvent. Furthermore, the Texas Property and Casualty Insurance Act provides further protection for the public against failure of licensed insurance companies as a result of insolvency.

Insurance Companies Taking Advantage Of People

July 8, 2010 | Mark S. Humphreys

No matter where you live, Grand Prairie, Arlington, Mansfield, Weatherford, Haslet, Keller, North Richland Hills, Newark, Fort Worth, or any other place in Texas, you hate the thought that your insurance company may be taking advantage of you.

This blog is primarily devoted to claims denial issues and lawsuits that can be brought against insurance companies, agents, and adjusters. Sometimes the wrongs being committed against people by insurance companies are corrected by the Texas Department of Insurance. One example of this is in regulation of rates that the insurance companies are allowed to charge people.

The Austin American-Statesman recently ran an article on this issue. The title of the article is “Hartford agrees to insurance refunds, rate reduction.” This article was written by Tim Eaton on the American-Stateman staff. It was published on July 1, 2010.

Homeowners Claim Denial And Lawsuit In Texas

July 7, 2010 | Mark S. Humphreys

If someone in Hurst, Euless, Bedford, Fort Worth, Cedar Hill, Crowley, Burleson, Irving, Grand Prairie, Arlington, Mansfield, or anywhere else in Texas, has to file a lawsuit because their homeowners insurance company is denying their claim, one thing they want for sure is a successful outcome. The best outcome is usually going to occur in a State or County court, not in a Federal Court. As a result of this knowledge among insurance company attorneys, they will always try to get a case moved to Federal court if there is any way possible of doing so.

This was attempted in the case styled, James N. Wofford, et al v. Allstate Texas Lloyd’s and Randy Paul Johnson. The opinion in this case was signed on June 9, 2010, By Federal Judge, Kenneth M. Hoyt, a Judge in the United States District Court, S. D. Texas, Houston Division.

In this case, the homeowner, James Wofford, had a policy of insurance with Allstate Texas Lloyd’s. Wofford’s home was damaged by Hurricane Ike. Wofford filed a claim with Allstate and Allstate assigned adjuster Randy Paul Johnson, to handle the claim. Johnson was named as one of the defendants in the lawsuit. This case was filed in the 11th Judicial District Court of Harris County, Texas, and Allstate immediately filed papers to have the case removed to federal court.

Negligent Entrustment Claims

July 1, 2010 | Mark S. Humphreys

What does it take for someone in Weatherford, Aledo, Dallas, Mesquite, Garland, or some other city in Texas to be guilty in negligently entrusting their vehicle to another person? What happens if you sue someone for negligent entrustment and a court finds that you should not have sued for that reason?

The Texas Court of Appeals in Austin, decided a case on August 1, 2008, that addresses both questions. The style of the case is, T. Christopher Robson v. Garrett Gilbreath and David Gilbreath.

In this case, the driver of a car, Garrett Gilbreath, struck and killed Elizabeth Daley a relative of Christopher Robson. The owner of the car was David Gilbreath, the father of Garrett. Robson asserted that David was guilty of “negligently entrusting a large vehicle, such as his Chevrolet Suburban, to a sixteen year old minor, Garrett, who had little driving experience.”

Compaints Against Insurance Companies In Texas

June 23, 2010 | Mark S. Humphreys

What can someone in Grand Prairie, Arlington, Mansfield, Bedford, Hurst, Euless, De Soto, Duncanville, Fort Worth, or anywhere else in Texas do when they are being “jerked around” by an insurance company? Answer number one – Find an experienced Insurance Law Attorney to consult with. Answer number two – file a complaint.

Seeking the aid of an experienced Insurance Law Attorney is sometimes hard to do. There are a lot of attorneys that help victims of accidents. These attorneys are usually referred to as Personal Injury Attorneys. These types of claims are called third party claims. The other type of claim is called a first party claim. This is a claim against your own insurance company. There are not that many attorneys that have experience in handling these types of claims. These attorneys are usually referred to as Insurance Law Attorneys.

The majority of the time an attorney is going to be able to get you the money you are entitled to plus more depending on how wrong the conduct of the insurance company has been in handling the claim. Consultations are usually free and there is nothing to lose by having an attorney look at your situation.

Lawsuit Against Homebuilders

June 8, 2010 | Mark S. Humphreys

What if your home is defective? If you live in Grand Prairie, Arlington, Sasche, Plano, De Soto, Azle, Aledo, or anywhere else in Texas and you have problems with your home, you may ask the same question.

The Miami Herald ran an article on May 28, 2010, reporting where a class-action lawsuit had been filed against numerous homebuilders for using Chinese drywall in the construction or remodeling of their homes. The title of this article is, Chinese Drywall Lawsuit Gets Class-action Status. As many as 152 families from three neighborhoods in Homestead, Florida, will be part of the first class-action lawsuit in the country over tainted drywall imported from China.

The drywall is made by Knauf Plasterboard Tianjin, and has been reported on extensively after it was used in repairs following hurricanes along the Gulf Coast region of the United States. These builders will be sued under the Deceptive Trade Practices Act and other causes of action including fraud and breach of contract.

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.

Lawsuits Involving Underinsured/Uninsured Coverage And The Responsible Third Party

May 30, 2010 | Mark S. Humphreys

A policyholder in Weatherford, Fort Worth, Grand Prairie, Arlington, Mansfield, Colleyville, Newark, or any other city in Texas could find themselves in a position where they are having to sue their underinsured/uninsured (UIM) insurance company. And at the same time, they might be having to sue the person with whom they had the accident with.

When the other driver, who caused an accident, has to be sued and that person does not have insurance or does not have enough insurance to cover the damages you have sustained, most experienced Insurance Law Attorneys will tell you to sue both the driver and your own insurance company at the same time rather than having to incur the time and expense of two separate lawsuits. When this becomes necessary there are usually several options about where the lawsuit can be filed. Choosing the best county to file a lawsuit can often times make a big difference as to the value of the case.

The Texas Civil Practice & Remedies Code, Section 15.002, cites the general rules governing where a lawsuit can be filed. Sometimes the options are limited, but other times there are many options and when a lawsuit is filed the attorney filing the lawsuit will want to file in a county where the best results are possible. In contrast, the person being sued will make efforts to get the lawsuit transferred or moved to a county they believe is more favorable to themselves, or as it relates to insurance, a county more favorable to the position the insurance company will be taking.

Homeowners Claim And Winning In Court

May 18, 2010 | Mark S. Humphreys

How do I know I’ll win if I sue? Whether you live in Grand Prairie, Weatherford, Arlington, Mansfield, Newark, Keller, Irving, or any other place in Texas, that would be a good question. The first part of answering that question would be to find out whether your case is in State Court or Federal Court. Whenever an individual is sueing an insurance company, an experienced Insurance Law Attorney will tell you that your best chance for success is to be in State Court.

In the case, Sharman McGilbert v. Safeco Insurance Company of Indiana, Odette Goer, and Gary Waddell, McGilbert sued in State Court and Safeco Insurance Company of Indiana immediately tried to have the case removed to Federal Court. Safeco failed in their effort.

This case was decided on April 22, 2010, in the United States District Court, Southern District Texas, Houston Division, by District Judge Gray H. Miller. The case was originally filed in the 11th Judicial District Court of Harris County, Texas. Judge Miller remanded the case back to the 11th after Safeco’s unsuccessful attempt to have it removed.