Home Owners Policies

Dog Bite Claims / Cases

June 3, 2012 | Mark S. Humphreys

Weatherford lawyers, and those in Mineral Wells, Springtown, Aledo, Azle, Peaster, Hudson Oaks, Willow Park, Millsap, Brock, and other parts of Parker County might be surprised to learn this about dog bite claims. How many there are and how much they cost insurance companies in claims.

An article posted on Yahoo News on May 17th might be a little surprising.

The article tells us that most stories about a dog biting someone does not get a lot of attention in the news, but it costs insurance companies hundreds of millions in claims every year.

Appraisals

June 2, 2012 | Mark S. Humphreys

Insurance attorneys in Grand Prairie, Fort Worth, Dallas, and other areas in Texas will have clients who need advice regarding the appraisal process when homeowners make insurance claims.

Generally speaking, an appraisal is appropriate in cases where the insurance company acknowledges that a loss has occurred, but there is a dispute as to the value or extent of the loss. The easiest example to understand is a situation where someone has a valuable antique stolen. The insured makes a claim and the insurance company investigates, the thief is caught, but he has destroyed the antique. So, there is no suspicion regarding the insured and the insured claims the antique is worth $10,000. But, the insurance company says it is only worth $4,000.

To settle the dispute, either side, the insurance company or the insured, can invoke the appraisal clause in the insurance contract.

Vacancy Clause In Homeowners Policy

May 3, 2012 | Mark S. Humphreys

A person in Weatherford, Mineral Wells, Aledo, and other places in Parker County who has a homeowners policy would find the following case of interest.

At one time or another a house or residence is going to be vacant for a period of time. Maybe it is when remodeling is being done, or if the property is a rental, there may be a vacancy when a tenant moves out. There may be a temporary vacancy when a house is up for sale. There can be many situations where a structure is temporarily vacant. What most people do not realize is that almost all policies have vacancy exclusions written into the policy. The insured customer discovers this only when they are making a claim and the adjuster assigned the claim determines the vacancy exclusion is applicable and denies the claim for benefits.

The Fort Worth Court of Appeals issued an opinion recently that dealt with the vacancy clause exclusion in a homeowners policy. The style of the case is, Columbia Lloyds Insurance Company v. Robert Mao and Vachana Mao.

Notice To Insurance Company

April 5, 2012 | Mark S. Humphreys

People in Grand Prairie, Fort Worth, Mansfield, Crowley, Burleson, Benbrook, Joshua, and other places in Tarrant and Johnson County need to understand the importance of notifying the company quickly when a potential claim arises.

The Fort Worth Court of Appeals issued an opinion in 2007 dealing with “notice” to an insurance company about a claim. This one is a little unusual but still illustrates the importance of notifying the insurance company about potential claims as soon as possible. The style of the case is, Allstate Insurance Company and Allstate Texas Lloyd’s v. John Hunter and Wife, Carmen Hunter. Here are some facts.

In the summer of 2002, the Hunters noticed a strange smell in their home. The Hunter’s HO-B homeowner’s policy with the Allstate companies expired in October 2002, and the Hunters replace it with an HO-A homeowner’s policy. The strange smell persisted, and in December 2002, the Hunters hired a company to conduct air sampling testing in their home. The results revealed no elevated mold content in the air and offered no explanation for the smell. In February 2003, a general contractor inspected the Hunter’s home. When the contractor entered the crawlspace under the home, he saw water damage and mold. The Hunters testified that this was the first time they knew of the mold damage or that the source of the odor that they had been smelling was mold. They made a claim with Allstate two days later.

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.

Homeowners Insurance Cancellation In Texas

March 17, 2012 | Mark S. Humphreys

Customers in Weatherford, Mineral Wells, Aledo, Springtown, Hudson Oaks, Willow Park, Azle, Millsap, Brock, and other places in Parker County do not have the concerns many customers are facing along the Gulf Coast of Texas when it comes to homeowners insurance policies. Along the Gulf Coast of Texas, State Farm is refusing to renew homeowners coverage with many customers.

The Houston Chronicle ran a story of February 15, 2012, discussing this issue. The title of the story is, “11,000 State Farm Customers Left High and Dry.” The author of the story is Dan Wallach.

Here is what the story tells us:

Exclusions In Homeowners Insurance Policies

March 11, 2012 | Mark S. Humphreys

Someone in Grand Prairie, Fort Worth, Arlington, Dallas, Mansfield, Cedar Hill, Duncanville, De Soto, Irving, or anywhere else in the Dallas / Fort Worth area would have a hard time understanding how to interpret “exclusions” in an insurance policy. It can be difficult even for an experienced Insurance Law Attorney.

Here is a case where an exclusion was at issue.

The style of the case is, Farmers Insurance Exchange v. Neal. This is a 2003, opinion issued by the Texarkana Court of Appeals. Here are some of the facts.

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.

Lawyers And Home Owners Claim Denial Based On Lateness Of Claim

February 18, 2012 | Mark S. Humphreys

When someone in Grand Prairie, Weatherford, Fort Worth, or anywhere else in the north Texas area suffers an insured loss, how long do they have to report the claim to their insurance company? The answer is a lawyers answer: It Depends.

The Fifth Circuit Court of Appeals dealt with this issue in an opinion it issued in 2005. The style of the case is Ridglea Estate Condominium Association v. Lexington Insurance Company. Here are some of the facts.

In July 2001, after receiving notice from a roofing inspector that its building in Fort Worth, Texas has suffered hail damage, Ridglea filed an insurance claim with its carrier Chubb Custom Insurance. Upon its inspection, however, Chubb informed Ridglea that the damage was not caused by the more recent storm but rather by a storm that occurred on May 5, 1995. Ridglea did so and filed the claim with the 1995 carrier, Lexington Insurance Company. Lexington’s inspection revealed that the damage did not exceed the deductible and that there was not sufficient evidence that the damage occurred in 1995 and denied the claim. After about a year’s worth of negotiations involving Ridglea and all its insurers, Ridglea made a final demand. Lexington again denied the claim and brought a declaratory judgment action seeking a ruling that it was not liable for the damage. Both parties moved for summary judgment and the trial court granted summary judgment in favor of Lexington holding that Ridglea had failed to comply with the notice requirements contained in the policy. Ridglea appealed to the U.S. Court of Appeals for the Fifth Circuit.

Force Placed Insurance Claims

February 5, 2012 | Mark S. Humphreys

If you are in Grand Prairie, Arlington, Fort Worth, Roanoke, Keller, Colleyville, Saginaw, or some other place in Tarrant County or Texas and find yourself in some financial trouble, it may be that you find yourself letting your homeowners insurance lapse. If that happens the mortgage lender on your home will buy what is called a force-placed insurance policy and charge you with the premium. There are a bunch of problems when this happens. Two of these problems are real important to you.

First, is that force-placed insurance is very expensive and you are responsible for paying it.

Second, is that a force-place policy covers the mortgage holder not you. In other words, none of your personal property or the contents of the house is covered in the event of a fire loss. Further, if you are sued by someone, the insurance does not cover you. If you get burglarized, you are not covered.