Home Owners Policies

Beneficiary Under A Fire Policy

April 16, 2013 | Mark S. Humphreys

Weatherford attorneys may run across a situation in a recent Waco Court of Appeals opinion. Here is what it tells us.

The dispute in this case centers on who is entitled to insurance proceeds associated with a house that burned down. Taylor claims that she is entitled to the proceeds because, she and Lough lived together in a house from 2005 to 2007. Apparently, Taylor continued living in the house after the couple broke up and Lough moved out in mid-2007.

In any event, on March 1, 2007, Lough, an “unmarried person,” executed a homestead lien contract and deed of trust with the Bank for a loan secured by the property at issue in this case–the proceeds of which, according to Taylor, were used to buy land to move Lough’s feed store. The contract and deed of trust specifically stated that Lough granted the Bank a lien . . . “in and to the following described real property, together with all improvements, all proceeds (including without limitation premium refunds) of each policy of insurance relating to any of the improvements, or the Real Property . . . .”

Insurable Interests

March 3, 2013 | Mark S. Humphreys

Fort Worth insurance attorneys need to be able to advise a person whether or not they are entitled to recover under a policy of insurance. Just because a person has insurance does not mean they are automatically entitled to make a recovery on lost property. From a legal standpoint – a person must have an insurable interest.

A 1993, Dallas Court of Appeals case sheds some insight into how a person who has insurance on a piece of property, not be be able to recover for the loss of that property. The case is styled, Jones v. Texas Pacific Indemnity Company.

Here is some background:

Insurance Claim Denial

October 27, 2012 | Mark S. Humphreys

Grand Prairie insurance lawyers and those in Dallas and other areas will run across situations where an insurance company is denying a claim based on the defense of arson. This happened in the case, Southland Lloyd’s Insurance Company v. Tomberlain. The case is a Texas Supreme Court case decided in 1996.

Here is some relevant information:

Charles W. Tomberlain is an independent insurance agent who owns the Charles Tomberlain Insurance Agency in Longview. His son, Chuck Tomberlain, is an agent with the agency. In addition, Chuck Tomberlain owns and manages numerous real properties in and around Longview. In 1988, Chuck Tomberlain purchased a small house, for $13,200.00. Chuck Tomberlain then spent approximately $500.00-$1,000.00 improving the house. On September 9, 1988, Chuck Tomberlain executed a contract for sale of the house to Trennis Willis for $20,000.00, to be paid in monthly installments over ten years at twelve percent interest. Willis immediately began occupying the house. Chuck Tomberlain, acting as agent for the Charles Tomberlain Insurance Agency, issued a policy on the house with Republic Insurance Company in August 1988. On August 15, 1991, the Republic insurance policy on the house expired. Chuck Tomberlain did not renew the policy at that time because his father’s agency had stopped writing policies with Republic.

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.