Interpreting An Insurance Policy

Insurance Policy Technicalities

September 8, 2012 | Mark S. Humphreys

Fort Worth insurance law attorneys and those in Hurst, Euless, Bedford, Grapevine, and other places in Tarrant County would be helping their clients by being aware of the case discussed here.

The case is an opinion issued by the Texas Supreme Court in 1984. The style of the case is, Jo Beth Warren Puckett et al. v. U.S. Fire Insurance Co. Here are some of the relevant facts and information of the case.

The case is a declaratory judgment action. The question presented is whether an insured’s failure to have his plane inspected need be the cause of an accident in order for the insurance company to avoid liability under an aviation policy for damages resulting from that accident. The trial court held that causation was not required and rendered summary judgment for, U.S. Fire Insurance Company. The court of appeals affirmed. The Texas Supreme Court reversed the judgments of both courts and remanded the cause for trial.

Interpreting Your Policy

September 6, 2012 | Mark S. Humphreys

Fort Worth insurance lawyers and those in Crowley, Benbrook, Bedford, Euless, Hurst, Grapevine, and other parts of Tarrant County need to know how the courts interpret insurance policies.

The Dallas Court of Appeals issued an opinion in the case styled, Farmers Insurance Exchange v. Bob Greene. The opinion was issued on August of 2012.

Here is some background:

Insurance Attorney Can Help Determine When The Policy Ends

September 1, 2012 | Mark S. Humphreys

Weatherford lawyers and those in Mineral Wells, Aledo, Azle, Brock, Willow Park, Graford, Millsap and other places in Parker County need to know about this insurance case and the exception that often can apply.

The style of the case is, Ulico Casualty Company v. Allied Pilots Association. This is a Texas Supreme Court case and the opinion was issued in 2008.

Here is some background:

Intentional Acts In Insurance

August 30, 2012 | Mark S. Humphreys

Fort Worth insurance attorneys and those in North Richland Hills, Saginaw, Lake Worth, Benbrook, and other places in Tarrant County should be aware of this legal opinion that was issued in 2002.

The style of the case is, King v. Dallas Fire Insurance Company. It is a Texas Supreme Court opinion. Here are some facts.

In an underlying lawsuit, Greg Jankowiak sued King for injuries he received when one of King’s employees attacked him. In addition to a claim of respondeat superior, Jankowiak also sued King directly for negligent hiring, training, and supervision. In this case, King sought to enforce the duty to defend contained in a commercial liability policy issued by Dallas Fire.

Accidental Death Policy

August 21, 2012 | Mark S. Humphreys

Life Insurance Lawyers in Grand Prairie and those in Fort Worth, Dallas, and other places in the metroplex area, would want to be aware of this case.

The opinion was issued on July 19, 2012, by the United States 5th Circuit Court of Appeals. The style of the case is, Cheryl Likens v. Hartford Life and Accident Insurance Company. Here is some background.

After coming home drunk, Wesley Vincent was found face-down in front of his house by his wife, Cheryl Likens. He was taken to the hospital but eventually died. Likens tried to collect as the beneficiary of an accidental-death insurance policy, but the claim was denied under an alcohol exclusion, because Hartford Life and Accident Insurance Company (“Hartford”) determined that the injury resulted from being legally intoxicated from alcohol. The district court granted summary judgment for Hartford based on the alcohol exclusion. This Court affirmed the trial court.

What Is Not An Accident?

August 14, 2012 | Mark S. Humphreys

Grand Prairie insurance attorneys and those in Fort Worth, Dallas, North Richland Hills, Bedford, Hurst, Grapevine, and other places in Texas will find unusual claims being made every once and a while. Here is one that seems kind of strange.

The case is an opinion issued in 1997, by the Texas Supreme Court. The style of the case is, Farmers Texas County Mutual Insurance Company v. Robert Griffin.

This was a declaratory judgment action. Farmers Texas County Mutual Insurance Company sought a declaration that it had no duty to defend or indemnify its insured, James Royal III, in a suit brought by Robert Griffin. The trial court granted summary judgment for Farmers. The court of appeals reversed, holding that Farmers had a duty to defend Royal but not to indemnify him. This Court holds that, under the facts alleged against Royal, Farmers has no duty to defend Royal in the underlying suit. The Court further held that Farmers’ duty to indemnify Royal constituted a justiciable controversy properly reached and decided by the trial court. Accordingly, the Court reversed the judgment of the court of appeals and rendered judgment for Farmers.

What Is A Person’s Primary Residence

August 11, 2012 | Mark S. Humphreys

Grand Prairie lawyers and those in Dallas, Fort Worth, and the DFW area need to be aware of this case if they handle insurance cases.

The case is out of the United States 5th Circuit Court of Appeals. The opinion was issued in July, 2012. The style of the case is, “State Farm Fire and Casualty Company v.Matthew Lange” (and others parties involved).

Here are some facts upon which summary judgment was granted in favor of State Farm:

Property Damage

August 9, 2012 | Mark S. Humphreys

Weatherford insurance attorneys and those in Springtown, Graford, Millsap, Mineral Wells, Aledo, and other places in Parker and Palo Pinto Counties need to be aware of this Texas Supreme Court case.

The opinion was issued in June 2012. The style of the case is, Evanston Insurance Company v. Legacy of Life, Inc.

The case came to the Texas Supreme Court on two certified questions from the Fifth Circuit Court of Appeals. The certified questions arise from a suit filed by a daughter against an organ donation charity when she discovered that the charity–contrary to an earlier representation to her–would allegedly profit from harvesting her deceased mother’s tissues. The charity requested a defense from its insurer and the insurer denied a defense. The insurer’s subsequent suit against the charity resulted. One of those issues will be dealt with here.

Bodily Injury

August 7, 2012 | Mark S. Humphreys

Grand Prairie insurance law attorneys and those in Mesquite, Garland, Richardson, Dallas, De Soto, and other places in Dallas County would want to now about this Texas Supreme Court case.

The opinion was issued in June 2012. The style of the case is, Evanston Insurance Company v. Legacy of Life, Inc.

The case came to the Texas Supreme Court on two certified questions from the Fifth Circuit Court of Appeals. The certified questions arise from a suit filed by a daughter against an organ donation charity when she discovered that the charity–contrary to an earlier representation to her–would allegedly profit from harvesting her deceased mother’s tissues. The charity requested a defense from its insurer and the insurer denied a defense. The insurer’s subsequent suit against the charity resulted. One of those issues will be dealt with here.

“Temporary Substitute” In Auto Policy

August 5, 2012 | Mark S. Humphreys

Grand Prairie attorneys and those in Fort Worth, Colleyville, Grapevine, Keller, Saginaw, Lake Worth, Benbrook, and other places in Tarrant County need to know how the courts interpret language in auto policies.

The El Paso Court of Appeals issued an opinion in 1995, that dealt with how the courts looked at what a “temporary substitute” auto was in an auto policy. The style of the case is, State Farm Mutual Automobile Insurance Company v. Ismael Cobos, Sr., Ismael Cobos, Jr., and Johnny Ray Riley. Here is some background.

Junior was involved in an automobile collision with Riley while driving a truck owned by Senior’s employer. The trial court found Junior covered under the Cobos family insurance policy because the truck was not furnished for Senior’s regular use and because the truck was a substitute vehicle at the time of the accident as defined in the insurance contract per the facts of the case.