Home Owners Policies

Claim Denied – Policy Interpretation

June 5, 2011 | Mark S. Humphreys

Here is one for residents of Weatherford, Mineral Wells, Aledo, Azle, Springtown, Hudson Oaks, Willow Park, Brock, Millsap, Poolville, and other places in Parker County and Palo Pinto County. This case is unusual.

The Texas Court of Appeals, San Antonio, issued an opinion on May 11, 2011, in a case appealed from the 73rd Judicial District Court. The style of the case is, Dora Gulley v. State Farm Lloyds.

A little legal information first. This is an agreed interlocutory appeal pursuant to Texas Civil Practices & Remedies Code, Section 51.014(d). It is arising out of an insurance case where in both sides in the case filed motions for Summary Judgment asking the court to rule in their favor as a matter of law. The Judge denied both parties motions and allowed them to pursue an appeal pursuant to the above statute. So this case was essentially being given to the appeals court to make a decision / ruling.

Homeowners Insurance Policies

May 12, 2011 | Mark S. Humphreys

People who own homes in Weatherford, Aledo, Azle, Poolville, Brock, Hudson Oaks, Willow Park, Peaster, Mineral Wells, Cool, Millsap, and other areas of Parker and Palo Pinto counties might want to pay attention this story.

The Court of Appeals, Beaumont, issued an opinion on March 10, 2011, that gives some insight into how the courts will look at appraisal clauses in homeowners insurance policies. The style of the case is, In Re Southern Insurance Company.

In this case the homeowner, Michelle Neisen, suffered a loss that she alleges was the result of hurricane damage. Southern sought to have an appraisal process to determine the amount of the disputed loss. Neison claimed that Southern waived its right to appraisal because Southern claimed it was not responsible for the loss. The trial court refused to order participation in the appraisal process which Southern was requesting and Southern appealed that decision.

Insurance And Homeowners Policy

May 10, 2011 | Mark S. Humphreys

Any homeowner is Grand Prairie, Arlington, Irving, Mesquite, Garland, Richardson, Mansfield, Dallas, Fort Worth, or any other place in Texas who thinks they know a lot about their insurance policy, probably is still not sure how an arbitration clause in the policy works.

The Texas Court of Appeals, Beaumont, issued an opinion on March 24, 2011. The style of the case is, In re Ranchers & Farmers Mutual Insurance Company. This case is being appealed by way of a “writ of mandamus” and is normally referred to as a mandamus proceeding.

The name of a writ, the principle work of which when the proceedings were in Latin, was mandamus, meaning we command. It is a command issuing in the name of the sovereign authority from a superior court having jurisdiction, and is directed to some person, corporation, or inferior court, requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the superior court has previously determined, or at least supposes to be consonant to right and justice.

Med Pay On Homeowners Policies

May 7, 2011 | Mark S. Humphreys

Homeowners in Grand Prairie, Arlington, Mansfield, Britton, Crowley, Burleson, Benbrook, Lillian, Godley, Glen Rose, Acton, Cresson, and other places in Texas, might be interested in this case.

This case is from the El Paso Court of Appeals and was decided on April 20, 2011. The style of the case is, Pamela Rust v. Texas Farmers Insurance Company.

This is a case where Pamela Rust brought suit seeking medical payment benefits from Texas Farmers Insurance Company under two homeowner policies that it had issued to Frank Kurosky, her father.

Insurance Company Denys Claim

April 23, 2011 | Mark S. Humphreys

No one in Weatherford, Mineral Wells, Aledo, Azle, Hudson Oaks, Peaster, Poolville, Millsap, Brock, Cresson, Lipan, Willow Park, or anywhere else in Texas wants to hear their insurance company deny a claim they make.

The newspaper, Boulder Daily Camera, ran a story on April 13, 2011, authored by staff writer, Vanessa Miller. The title of the story is, Fourmile Fire Victom Sues Insurance Company For Denying Coverage. It is a story where the insurance company denied a claim and placed the reason for the denial back on the shoulders of the insured.

It it certain that anyone who faces a similar story should do as the person in this story did; that is to seek the advice of an experienced Insurance Law Attorney. Here is much of the story.

Vacant Homes And Insurance

April 21, 2011 | Mark S. Humphreys

When someone in Grand Prairie, Fort Worth, Arlington, Dallas, Irving, Mesquite, Garland, Richardson, Carrollton, De Soto, or anywhere else in Texas leaves their house – is it vacant? What if you moved out to renovate it? What if you moved out while it was up for sale? What if you moved out while you had a temporary job out of town? What if you moved out to take care of a sick relative or friend?

When a house seems to be vacant and a loss occurs, the insurance company that insures the house will probably deny the claim under the “vacancy exclusion” in the insurance contract. Of course when this happens, an experienced Insurance Law Attorney needs to be consulted immediately. Whether the house is vacant, as that term is defined in the insurance contract and Texas courts, will determine whether or not there is coverage.

A case decided by the Court of Appeals, Waco, in 1971, is a good place to look for some guidance. The style of the case is, Germania Farm Mutual Aid Association v. Bobby D. Anderson and Lavern Anderson.

Vacant Buildings And Homes And Insurance

April 19, 2011 | Mark S. Humphreys

Structures owners in Weatherford, Aledo, Azle, Peaster, Hudson Oaks, Willow Park, Cresson, Mineral Wells, Millsap, Brock, Peaster, Springtown, and other places in Texas should know how insurance works when it comes to structures that are not “always” occupied.

The Houston Court of Appeals [1 Dist], decided a case in 1992, styled, Balram R. Jerry v. Kentucky Central Insurance Company. This case dealt with the trial court’s ruling in favor of the Kentucky Central Insurance Company (Kentucky). Here is some background.

In November 1985, Jerry and his wife, Valerie, moved to Utah for employment reasons. They retained ownership of their house in Harris County (the property). In April 1986, Valerie returned to the property and discovered it broken into and vandalized. Most of their property was taken or damaged. Six months later, Valerie’s parents visited the property and discovered it destroyed by fire. On November 11, 1986, Jerry reported the fire to Kentucky.

Vacancy Clause In Homeowners Policy

April 17, 2011 | Mark S. Humphreys

Property owners in Grand Prairie, Arlington, Pantego, Dalworthington Gardens, Crowley, Burleson, Lake Worth, Fort Worth, Weatherford, and other places in Texas who own homes and other building should know about the “vancancy clause” in their insurance policy.

Here is a 1969, case dealing with the vacancy clause in a homeowners insurance policy. It was decided by the Houston Court of Appeals and is styled, John J. Knoff et al. v. United States Fidelity and Guaranty Co.

Here are some facts of the case. Knoff and others sued United States Fidelity and Guaranty Co. (Fidelity) for money under a fire insurance policy. The policy excluded coverage when the house had been vacant beyond a period of thirty consecutive days. A fire occurred May 19, 1966, destroying the home. Here is some of the trial testimony.

Home Owners Claims

March 29, 2011 | Mark S. Humphreys

Home owners in Grand Prairie, Arlington, Pantego, Fort Worth, Lake Worth, Dallas, Mansfield, De Soto, Duncanville, and other places in Texas would naturally wonder at times about exactly what types of coverages they have on their homeowners policies. Of course the answer is a lawerly “it depends.”

One case to look for in guidance for part of the answer is found in the case, Gomez v. Allstate Texas Lloyds Insurance Company. This is a 2007, Fort Worth Court of Appeals case. This is a liability insurance dispute concerning coverage under a homeowner’s policy for bodily injury arising out of a “four-wheeler” all terrain vehicle. One of the issues was the trial court’s interpretation of the scope of the policy’s recreational vehicle exception to the motor vehicle exclusion. Another issue was whether or not Allstate had a duty to defend the lawsuit that had been filed.

The Gomezes sued Jamy and Lara Johnson for injuries alleged to have occurred when Austin Gomez (6 years old) was a guest at the Johnson’s home, and Jamy placed Austin on a four-wheeler with no protective gear and allowed him to operate the vehicle. The lawsuit papers allege that Austin lost control and “went over an embankment.” The lawsuit alleges several things that the Johnson’s did wrong in contributing to the cause of this accident.

Bad Faith And Insurance Contracts

January 30, 2011 | Mark S. Humphreys

How does this stuff work?! That is a question someone in Dallas, Fort Worth, Grand Prairie, Weatherford, Arlington, Mansfield, Irving, or anywhere else in Texas might ask when it comes to insurance contracts and bad faith insurance.

“Insurance coverage claims and bad faith claims are by their nature independent. But, in most circumstances, an insured may not prevail on a bad faith claim without first showing that the insurer breached the contract.” This was stated in the Texas Supreme Court case styled, Liberty National Fire Insurance Company v. The Honorable Ted Akin, decided in 1996.

The case is called a mandamus proceeding.