Home Owners Policies

Home Owners Insurance Claims

October 11, 2012 | Mark S. Humphreys

Dallas insurance attorneys and those in Mesquite, Garland, Richardson, and other places in Dallas County need to be aware of the insurance practices related to some home owners claims that were discussed in a recent article titled, “Can Mortgage Lenders Hold Your Insurance Money Hostage?”

Here is what it tells the reader:

If your home has been seriously damaged or destroyed, your insurance company will release a check made out to both you and your mortgage lender to pay for the necessary repairs.

Declaratory Judgment On Homeowners Policy

September 27, 2012 | Mark S. Humphreys

Grand Prairie insurance attorneys and those in Arlington, Fort Worth, Dallas, Mansfield, and other places in the DFW area have to know how to deal with an insurance company when a declaratory judgment action is filed.

The Texas Supreme Court issued an opinion in a case in 1999, that had it’s legal beginning from a declaratory judgment action. The style of the case is, Texas Farmers Insurance Co. v. Murphy. Here is the relevant information.

Mr. Murphy obtained homeowners insurance with Texas Farmers in 1993. Seven days later the home was ransacked and intentionally burned down. Mr. Murphy submitted a proof of loss claiming $115,000 for damage to the structure and $69,000 for damage to personal property.

Insurance Claim Denied

September 15, 2012 | Mark S. Humphreys

Weatherford insurance attorneys and those in Mineral Wells, Aledo, Samson Park, Azle, Hudson Oaks, Peaster, Cool, Poolville, Whitt, Springtown, Millsap, Brock, and other places in Parker County need to know the various ways under the Texas Insurance Code and Texas Common Law that recovery can be made when an insurance claim is wrongfully denied by an insurance company.

“The Record,” a newspaper in Madison, Wisconsin ran an article telling us about a couple suing their insurance company pro se.

A Belleville couple is asking for more than $100,000 from insurance companies that allegedly denied damage claims without cause.

Interpreting Your Policy

September 6, 2012 | Mark S. Humphreys

Fort Worth insurance lawyers and those in Crowley, Benbrook, Bedford, Euless, Hurst, Grapevine, and other parts of Tarrant County need to know how the courts interpret insurance policies.

The Dallas Court of Appeals issued an opinion in the case styled, Farmers Insurance Exchange v. Bob Greene. The opinion was issued on August of 2012.

Here is some background:

Home Owners Policies

August 19, 2012 | Mark S. Humphreys

Grand Prairie insurance lawyers and those in Dallas, Fort Worth, Arlington, Garland, Mesquite, Richardson, and other places in the metroplex area need to know what they are looking for in an insurance policy that a client brings to them.

Here are some lines taken from an article that was found recently that discussed deductibles and coverages in homeowners policies. This was after a hail storm that had occurred in the Dallas / Fort Worth area.

“…

What Is A Person’s Primary Residence

August 11, 2012 | Mark S. Humphreys

Grand Prairie lawyers and those in Dallas, Fort Worth, and the DFW area need to be aware of this case if they handle insurance cases.

The case is out of the United States 5th Circuit Court of Appeals. The opinion was issued in July, 2012. The style of the case is, “State Farm Fire and Casualty Company v.Matthew Lange” (and others parties involved).

Here are some facts upon which summary judgment was granted in favor of State Farm:

Homeowners Policies

July 15, 2012 | Mark S. Humphreys

Grand Prairie Insurance Lawyers and those in Dallas, Fort Worth, Grapevine, Carrollton, Farmers Branch, Benbrook, and other places over the DFW area should always be aware of the tactics and procedures insurance companies are using that relate to the policies sold to consumers. The Austin American Statesman published an article that provides some important information. Here is what it says.

Texas Attorney General Greg Abbott is locked in a fight with the state’s largest insurer over the company’s decision not to renew 11,000 residential and commercial property insurance policies along the Gulf coast.

Abbott’s office requested documents last month from State Farm to make sure the insurer lawfully terminated the contracts, Tom Kelley, a spokesman for Abbott, said in an email.

Residents Of The Same Household Issue

July 3, 2012 | Mark S. Humphreys

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.

Coverage Under An Insurance Policy

June 28, 2012 | Mark S. Humphreys

Grand Prairie lawyers who handle insurance disputes and those in Dallas, Fort Worth, Mansfield, De Soto, Duncanville, Irving, Arlington, and other places in the Dallas Fort Worth area need to understand the coverages under an insurance policy. Specifically, they need to know what an ‘occurrence’ or ‘loss’ is under a policy.

The Fort Worth Court of Appeals issued an opinion in 1996, in the case styled, State Farm Lloyds and State Farm Fire and Casualty Company v. Paul and Mary Kessler. The insurers here filed a declaratory judgement pleading they had no duty to defend a suit pending against the Kesslers by the Fannings’ who had purchased a home from the Kesslers. The trial court ruled in favor of the Kesslers and this appeal followed.

This court said the following: We hold that State Farm has no duty to defend the Kesslers because (1) the Fannings’ petition does not allege property damage as defined by the policy and (2) it does not allege damages from an occurrence or loss as defined by the policy.”

Lender-Placed Policies

June 23, 2012 | Mark S. Humphreys

Grand Prairie insurance lawyers and those in Fort Worth, Dallas, Carrollton, Garland, Irving, Mesquite, Richardson, and other places in North Texas will get the occasional phone call wanting to discuss a situation involving a lender-placed insurance policy.

The Houston Court of Appeals, 14th District, issued an opinion on May 17, 2012, that discussed this issue. The case had other points that will not be discussed here. The style of the case is, Milton Garcia v. Bank of America Corporation, BAC Home Loan Servicing, LP, and Newport Insurance Company. Here is legal background.

This was a consolidated appeal by Milton Garcia from the trial court’s grant of summary judgments in favor of the defendants. Bank of America (BOA) owned the mortgage on Garcia’s home, BAC was the mortgage servicing company that serviced Garcia’s mortgage, and Newport issued the lender-placed insurance policy to BOA on Garcia’s property. Seeking compensation for damage to his property sustained in Hurricane Ike, Garcia alleged that he was a third-party beneficiary of the insurance policy Newport issued to BOA.