Interpreting An Insurance Policy

Modifications To Insurance Policy

November 30, 2013 | Mark S. Humphreys

Dallas insurance attorneys understand that the way an insurance policy is interpreted is key to whether there is coverage and the extent of that coverage.

The Houston Court of Appeals [14th Dist.] issued an opinion last month that dealt with policy interpretation. The style of the case is, Shafaii Children’s Trust and Party and Reception Center, Inc. v. West American Insurance Company, Liberty Mutual Insurance Company, Ohio Casualty Insurance Company, and America First Insurance Company. Here is some of the relevant information.

This is a summary judgment case that was in favor of the insurance companies and Shafaii appealed.

Notice Of Claim

November 19, 2013 | Mark S. Humphreys

Fort Worth insurance lawyers will always tell a client to inform the client’s insurance company as soon as possible when a claim arises. A 2006, Dallas Court of Appeals case illustrates a good reason for doing so. The style of the case is, Blanton v. Vesta Lloyds Insurance Company.

This is a suit for declaratory judgment concerning insurance coverage. The trial court granted summary judgment in favor of Vista and this court sustained that finding and cited the following as justification.

In June 1997, Blanton leased certain property to Justin Burgess to operate a retail store of “one-of-a-kind restored art-deco furniture and related items.”

Salvage Title Under Auto Policy

November 17, 2013 | Mark S. Humphreys

Fort Worth insurance lawyers might run into this type of strange situation and if they do, they will be glad they have this opinion to reference.

It is a 2004, case from the Houston Court of Appeals [1st Dist.] and is styled Hamby v. State Farm Mutual Auto Insurance Company. Here is some of the relevant information.

This is an appeal of the trial court’s judgment sustaining State Farm’s second special exceptions to Hamby’s pleadings, rendering a take-nothing judgment for Hamby, and dismissing the cause. In his sole issue, Hamby contends that the trial court erred in dismissing his case because an insurer cannot force an insured to transfer title to a “totaled” vehicle as a condition of paying the insured the actual cash value of the vehicle. This court affirmed the trial court.

The Meaning Of Explosion In An Auto Policy

November 16, 2013 | Mark S. Humphreys

Dallas insurance lawyers might one day have this to deal with.

The El Paso Court of Appeals issued an opinion in 1975, styled Allen v. Manhatten Fire and Marine Insurance Company. Here is some relevant information.

This is a suit on an insurance policy in which the Allen sued his insurance carrier, Manhatten, on the grounds that the destruction of his tank truck was caused by an ‘explosion’ within the terms of the insurance policy. Trial was to the Court without a jury and a take-nothing judgment was entered. This court sustained the judgment.

Is A Falling Object A Collision

November 14, 2013 | Mark S. Humphreys

Grand Prairie insurance attorneys might? run across this situation.

This is an opinion from the Dallas Court of Appeals that was issued in 1965. The style of the case is, Great American Insurance Co. v. Lane.

Both parties filed motions for summary judgment. Great American’s motion was overruled. Lane’s motion was sustained. This court agreed with the decision of the trial court.

Wear And Tear And Insurance Coverage

November 12, 2013 | Mark S. Humphreys

Mineral Wells lawyers will at some point have someone ask about coverage on an insurance policy where the loss seems to have been caused by wear and tear. Back in 1952, the Fort Worth Court of Appeals issued an opinion in the case styled, Republic Casualty Co. v. Mayfield.

Here is what was stated in that case.

Suit was brought in the County Court at Law by W. B. Mayfield, against Republic Casualty Company, for loss sustained by him which he claims to have been covered under the terms of a certain automobile policy issued by the Republic.

Collision Coverage

November 10, 2013 | Mark S. Humphreys

Palo Pinto County attorneys might find this opinion regarding collision coverage interesting. The style of the case is, Calvert Fire Ins. Co. v. Koenig, and it is a 1953 case from the Galveston Court of Appeals. Here is some of the relevant background.

This was a suit by the owner of an automobile against his insurance carrier for the damages to his automobiles, less the deductible, occasioned by a collision with a rock on the roadbed. That collision was alleged to have knocked the drain-plug out from the underside of the vehicle, resulting in the loss of oil, and burning and scoring the motor.

After Calvert denied liability, Koenig sued for the cost of such repairs, less the deductible amount.

What Does Collision Coverage Cover?

November 9, 2013 | Mark S. Humphreys

Aledo attorneys might want to know this 1955 case from the Waco Court of Appeals. The style of the case is, Home Service Casualty Co. v. Barry. It’s opinion discusses some of the coverage under the collision portion of a Texas auto policy.

Here is some of the relevant information.

This case is grounded on the collision provisions in a policy of insurance covering a truck.

Physical Contact Requirement

November 2, 2013 | Mark S. Humphreys

Tarrant County insurance lawyers should understand the “physical contact” requirement in an auto insurance policy that provides uninsured motorist (UM) coverage.

This requirement was the issue in the 1995, Texas Supreme Court case, Republic Insurance Company v. Stoker. Here is some of the relevant information.

This is a summary judgment case granted against Republic. The case arises out of a multiple car accident in which the Stokers’ automobile struck the rear end of another vehicle. It is undisputed that an unidentified pickup truck dropped a load of furniture on the highway, causing a chain reaction collision. Also, it is undisputed that this truck was not struck by any of the vehicles involved in the collision. The Stokers had no collision insurance and, therefore, submitted a claim to recover under their uninsured/underinsured vehicle coverage with Republic.

What Is A Motor Vehicle

October 31, 2013 | Mark S. Humphreys

Arlington insurance attorneys will be called on by potential clients to discuss how an insurance policy is interpreted. Especially so when a claim is denied.

As it relates to the use of the term “motor vehicle” in an insurance policy, the 1985, Fort Worth Court of Appeals case, Western Insurance Companies v. Andrus is good to look at for guidance. Here is some background information.

Here, Western Insurance is appealing from a judgment in favor of Andrus and complains of the trial court failure to grant it’s motion for judgment non obstante.