Home Owners Policies

Arson By Spouse

February 4, 2012 | Mark S. Humphreys

No one in Grand Prairie, Weatherford, Fort Worth, Dallas, or anywhere else in the North Texas area would want to be in a situation where their spouse deliberately sets the house on fire. This is something that might happen in a divorce setting or maybe it is just the result of a really bad fight. So what happens as it relates to insurance?

A San Antonio Court of Appeals opinion issued in 1996, sheds some light on this question. Here is some background. The style of the case is Sanders v. Commonwealth Lloyd’s Insurance Company.

Jan and Dan Saunders’ house was completely burned down by a fire. The insurance company investigated the claim and concluded that Dan was responsible for setting the fire. Dan was convicted of a felony of conspiring to burn down the house which was later reversed and he was acquitted. In the meantime, the insurance company, Commonwealth Lloyd’s, denied the claim.

Allstate Insurance And Others Raising Rates

January 28, 2012 | Mark S. Humphreys

Here is an article for people living in Grand Prairie, Fort Worth, Arlington, Hurst, Euless, Bedford, and other places in Tarrant County. It is from the Washington Post Business Page and authored by Noah Buhayar. The article was published on January 11, 2012, and much of it appears below.

Allstate Insurance Company, Travelers Insurance, and State Farm Automobile Insurance Company are among insurance companies raising homeowners’ rates after damage from natural disasters defied industry projections.

Allstate, the #2 United States home insurer, boosted prices for its namesake brand of home policies by 5.6 percent in the nine months through September 30, and has said more increases are coming. Travelers is raising rates after re-evaluating United States storm risk. State Farm, the largest U.S. home insurer, has charged homeowners more nationwide for three straight years.

Appraisal And Insurance

December 11, 2011 | Mark S. Humphreys

Appraisal – People in Grand Prairie, Arlington, Fort Worth, Dallas, Keller, Coppell, Farmers Branch, Hurst, Euless, Bedford, and other places in the DFW area are probably not familiar with the way appraisal works in an insurance policy.

The Texas Supreme Court issued an opinion in 2009 that deals with appraisals. The style of the case is State Farm Lloyds v. Becky Ann Johnson. Here is some background.

A hailstorm moved through Plano, Texas in 2003, damaging the roof of Becky Ann Johnson’s home. She filed a claim under her homeowners insurance policy with State Farm. The inspector concluded that hail had damaged only the ridgeline of her roof, and estimated repair costs at $499.50, which was less than her deductible. Johnson’s roofing contractor concluded the entire roof needed to be repaired at a cost of more than $13,000.

Calculation Of Homeowners Claim

December 10, 2011 | Mark S. Humphreys

If someone in Weatherford, Mineral Wells, Aledo, Azle, Springtown, Hudson Oaks, Willow Park, Millsap, Brock, Cool, or some other place in Parker County suffers a loss that should be covered by their homeowners insurance, one of the first things they should do is to consult with an experienced Insurance Law Attorney.

The Texas Department of Insurance (TDI) use to require that all homeowners policies written in Texas require a certain format and contain certain required coverages in that homeowners policy. In recent years TDI has allowed insurance companies to write their own policies without as much over sight. However, most policies are still following the rules as outlined by TDI.

These current homeowners policies follow two basic forms. One is called the Homeowners — Form A (HOA) and then other is referred to as Homeowners — Form B (HOB).

Duty To Cooperate With Insurance Company After A Loss

December 8, 2011 | Mark S. Humphreys

An insured in Weatherford, Mineral Wells, Aledo, Azle, Willow Park, Hudson Oaks, Brock, Millsap, Peaster, Cool, Springtown, or anywhere else in Parker County may wonder how much they are suppose to do to help the insurance company when a claim is submitted for coverage. The answer is – quite a bit.

As for homeowners policies in Texas, the form and wording of the majority of policies follow what is called the Texas Homeowners Policy – Form B (“HOB”).

The HOB Policy requires that the insured cooperate with the insurer’s investigation of the claim by promptly submitting notice of the claim, completing an inventory of the damaged property, providing access to the damaged property and records, and signing a sworn proof of loss form. These requirements on the insured constitute a condition precedent to coverage under the policy. A United States, 5th Circuit case styled, Griggs v. State Farm Lloyds, decided in 1999, said absent the insured’s compliance with the conditions precedent to coverage, the insurer has no duty to provide benefits under the contract.

Homeowners Insurance Claims

November 13, 2011 | Mark S. Humphreys

Anybody in Weatherford, Mineral Wells, Aledo, Azle, Hudson Parks, Willow Park, Brock, Millsap, Cool, Springtown, or anywhere else in Parker County, who owns a home, will find this interesting.

The Houston Chronicle published a story on October 13, 2011, titled, Home Insurance Rates Rise As Coverage Falls. The author is Purva Patel who has written several article on insurance in Texas.

The article tells us that the insurance companies in Texas are dropping or decreasing certain coverages to allow them to control costs and, in turn, keep a handle on the rates they charge. Consumer groups say its a reflection of lax oversight by the Texas Department of Insurance (TDI) and regulations coming out of Austin.

Claims Handling Process / Getting Paid On A Homeowners Policy Claim

November 8, 2011 | Mark S. Humphreys

Everyone in Grand Prairie, Arlington, Fort Worth, Dallas, Irving, Mesquite, Garland, Carrollton, Duncanville, De Soto, and other places through out Texas need to know how to make sure they get paid properly and fully when making a homeowners claim.

One way is to see an experienced Insurance Law Attorney early in the claim. Another way is to make sure you have good records of your possessions.

The Wall Street Journal published an article on October 13, 2011, authored by Lori Bennett. The title is “Accounting for Disaster: Itemizing Your Home.”

Flood Insurance Coverage

October 16, 2011 | Mark S. Humphreys

Whether you live in Weatherford, Mineral Wells, Aledo, Willow Park, Hudson Oaks, Peaster, Millsap, Brock, Springtown, Azle, Cool, or anywhere else in Parker County, there are odds that you may be subject to suffering a loss from flood damage. A natural question would be, “How does flood insurance work?”

Because most property insurance policies covering property at fixed locations exclude flooding, flood insurance must be purchased separately. In 1969, Congress created the National Flood Insurance Program to administer the sale of flood insurance. National flood insurance is available directly from the Federal Insurance Administration or through hundreds of private insurers who participate in federal flood insurance programs. The Federal Emergency Management Agency (FEMA) reinsures private companies against flood losses.

Flood insurance premiums are calculated based upon geographic maps setting forth the boundaries for various flood zones.

Insurable Interest

October 13, 2011 | Mark S. Humphreys

What if someone in Weatherford, Mineral Wells, Aledo, Willow Park, Azle, Hudson Oaks, Millsap, Brock, Springtown, Cool, or anywhere else in Parker County has insurance on a house and the house burns down – do they automatically get paid the insurance on the house? The answer is – It depends.

To be able to recover on an insurance policy, the person suffering the loss must have an insurable interest in the property that is insured. The Dallas Court of Appeals issued an opinion in 1993, that is still good law. The style of the case is, William T. & Elaine Jones v. Texas Pacific Indemnity Company.

It is a summary judgment case. The Jones sued Texas Pacific on an insurance policy. The summary judgment was granted in favor of Texas Pacific because the court said the Joneses could not recover insurance proceeds on property which they did not have an insurable interest to.

Suing The Insurance Adjuster

October 11, 2011 | Mark S. Humphreys

Insurance Law Attorneys in Grand Prairie, Irving, Duncanville, De Soto, Lancaster, Mesquite, Garland, Richardson, Farmers Branch, or anywhere else in the state of Texas will usually want to sue the adjuster who handled the claim in addition to suing the insurance company when a claim is denied. There are reasons for this. But the insurance company will fight the issue.

The United States District Court, Southern District, Galveston Division, issued an opinion in a case on August 10, 2011, wherein the court allowed the adjuster to be sued over the objections of the insurance company. The style of the case is, Juan Jose Cruz, Lidia Cruz and Griselda Cruz v. Allstate Lloyds and Pilot Catastrophe Services, Inc. It is property damage claim following Hurricane Ike.

In this Federal Court case, the Cruz’s filed a “Motion for Leave to File Amended Complaint” for the purpose of adding to the lawsuit the individual adjuster who handled the investigation of the claim. Of relevance to the court was that by adding the adjuster the case still remained in Federal Court whereas often times the addition of the adjuster causes the case to be remanded to State Court.