Articles Posted in Interpreting An Insurance Policy

Weatherford attorneys and those in Willow Park, Hudson Oaks, Aledo, Springtown, Milsap, Brock and other places in Parker County need to be able to understand a declarations page in an insurance policy.

Some policies, especially first-party policies, contain a contractual time limit on claims. The policy must be read carefully to determine whether it contains a provision that otherwise alters the statute of limitations applicable to contract actions.

One example is found in the Texas Homeowners Policy — Form B (HOB). It contains a contractual two year and one day limitations period. This contractual limitations period supersedes the standard four year contractual statute of limitations period that normally exists. This provision was upheld in the 199, Texarkana Court of Appeals case, Stevens v. State Farm Fire & Cas. Co. As a result of this ruling, a breach of contract action involving the HOB policy must be brought no later than two years and one day after the homeowner’s claim is denied by the insurer.

Weatherford lawyers who handle insurance cases need to be able to read and understand a declarations page. So should attorneys in Mineral Wells, Aledo, Springtown, and other parts of Parker County and Palo Pinto County.

The insuring clause is the insurance company’s agreement to provide coverage to the insured. One policy may include several insuring clauses.

The insuring clause is the foundation of the agreement and forms the basis for all obligations owed to the insured. Unless this clause provides coverage for a claim, it is unlikely that any other term of the policy will do so.

Dallas insurance lawyers need to be able to read an insurance policy declarations page. So do Grand Prairie, Richardson, Mesquite, Garland, and Carrollton lawyers.

Insurance policies normally have a declarations page or pages. The declarations page sets forth the identity of the insured, the policy limits, and the duration of coverage, and it identifies the attached policy forms. The San Antonio Court of Appeals and Houston Court of Appeals 14th, has said the main function of the declarations page is to customize the policy for the particular insured and the specific risks covered by the policy.

What insurance lawyers need to know is that in determining the coverage provided by an insurance policy, always to carefully review the declarations page, which will list the various forms and endorsements that constitute the complete policy. Comparing the declarations page to the actual policy is important because sometimes the insurer attaches the wrong forms or endorsements. In some situations, insurers have inadvertently omitted forms or endorsements at the time the policy is sent to the insured. By comparing the list of forms and endorsements set forth on the declarations page, it is possible to verify the precise forms and endorsements issued to the insured.

Dallas insurance attorneys need to know some basics about an examination under oath.

Almost all insurance policies require that the insured submit to an examination under oath upon request. The Corpus Christi Court of Appeals issued an opinion in 2011, related to this issue.

The style of the case is “In Re Cypress Texas Lloyds” and has the following relevant information:

Mineral Wells attorneys and those in Graford, Weatherford, Cool, Millsap, Garner, and other places in Parker and Palo Pinto Counties need to understand how insurance policies work and are interpreted.

There is a Texas Supreme Court opinion issued in 1999, that is worth reading. The case is styled Urrutia v. Decker.

This case required the Court to determine the validity of liability insurance a truck leasing company provided to its customer as part of a rental transaction. Based on representations that $20,000 was all the insurance available, the claimant settled his bodily injury claim for that amount. When he later discovered the nature of the leasing company’s insurance arrangement, he sued the leasing company and its customer, seeking to set aside the previous settlement. The claimant urged that the settlement was obtained by fraud or resulted from the parties’ mutual mistake about the insurance available to pay his claims.