Interpreting An Insurance Policy

Need An Insurance Attorney To Interpret An Insurance Policy

August 2, 2012 | Mark S. Humphreys

Weatherford insurance attorneys and those in Mineral Wells, Graford, Cool, Springtown and other places in Parker and Palo Pinto County need to know how courts interpret insurance policy disputes.

The United States District Court, Southern District, Houston Division, issued an opinion in June 2012, dealing with this issue. The style of the case is, Texas Renegade Construction Company, Inc. v. Hartford Lloyd’s Insurance Company.

This is a case where the court granted the insurance companies motion for summary judgment. The case is a coverage dispute based on the policy language and the facts of the claim. Here are some of the basic facts:

Permission To Operate The Vehicle (Permissive Driver)

July 29, 2012 | Mark S. Humphreys

Weatherford Attorneys and those in Springtown, Aledo, Azle, Willow Park, Hudson Oaks, Brock, Millsap, Cool, Mineral Wells, and other places in Parker County need to know how the courts look at and determine whether or not someone is a “permissive driver” under an insurance policy.

The Eastland Court of Appeals issued an opinion in 2006, that looked at this issue. The style of the case is, Gary Arkinson v. Nancy Snodgrass and Texas Farm Bureau Insurance. Here is some background:

Gary Atkinson sued Nancy Snodgrass and Texas Farm Bureau Insurance to recover damages he sustained in a motor vehicle accident with Ted Horn. Atkinson alleged that Snodgrass negligently entrusted a vehicle to Horn and that Farm Bureau was responsible for a default judgment that he had taken against Horn. The parties filed cross-motions for summary judgment. The trial court granted Snodgrass and Farm Bureau’s motion for summary judgment and dismissed Atkinson’s claims against them.Snodgrass asked Horn to repair her pickup’s transmission. She drove the pickup to Horn’s residence and left it with the keys. Horn eventually returned the pickup to Snodgrass and represented that the transmission had been repaired. Snodgrass test-drove the pickup and discovered that it still did not shift properly. She told Horn that this was unacceptable and that she wanted her pickup repaired. Horn drove the pickup back to his house. Two days later, Horn and his daughter drove the pickup to Lake Brownwood — approximately forty-five miles from his house — and were involved in an accident with Atkinson.

What Is An “Accidental Loss”

July 26, 2012 | Mark S. Humphreys

Weatherford attorneys and those in Springtown, Aledo, Azle, Mineral Wells, Millsap, Brock, Willow Park, Hudson Oaks, and even out in Grafford need to be sure what an “accidental loss” is under an insurance policy.

The Austin Court of Appeals dealt specifically with this issue in a 1997 opinion. The style of the case is, State Farm Mutual Automobile Insurance Company v. Joel Kelly. The issue in this case is whether or not a car that was confiscated by authorities that had previously been stolen is a “accidental loss” under the policy at issue.

Here is some background:

What Is A “Covered Auto”

July 24, 2012 | Mark S. Humphreys

Weatherford lawyers and those in Springtown, Aledo, Azle, Mineral Wells, Millsap, Brock, Willow Park, Hudson Oaks, and even out in Grafford need to be sure what a “covered auto” is under an insurance policy.

The Austin Court of Appeals dealt specifically with this issue in a 1997 opinion. The style of the case is, State Farm Mutual Automobile Insurance Company v. Joel Kelly. The issue in this case is whether or not a car that was previously stolen is a “covered auto” under the policy at issue.

Here is some background:

Definition Of “Motor Vehicle Accident”

July 21, 2012 | Mark S. Humphreys

Fort Worth Insurance Lawyers and those in Saginaw, Grapevine, Benbrook, Burleson, and other places around Tarrant County need to grasp how courts interpret the different words and phrases in an insurance contract.

The meaning of “motor vehicle accident” may seem to be an easy to understand phrase but the phrase was the subject of a lawsuit that went all the way to the Texas Supreme Court. This 2004, case is titled, “Texas Farm Bureau Mutual Insurance Company v. Jeff A. Sturrock.” Here is some background.

Jeff Sturrock drove his truck to work, parked, and turned off the engine. While exiting the truck, he entangled his left foot on the raised portion of the truck’s facing. Sturrock injured his neck and shoulder in his attempt to prevent himself from falling from the vehicle. Sturrock filed a claim for Personal Injury Protection (PIP) benefits under his vehicle’s insurance policy, issued by Texas Farm Bureau.

When Are You “Occupying” A Vehicle?

July 19, 2012 | Mark S. Humphreys

Weatherford Insurance Lawyers and those in Mineral Wells, Springtown, Aledo, Azle, Millsap, Cool, Brock, Willow Park, Hudson Oaks, and other places in the Parker County area need to know how to read an insurance policy.

One thing that attorneys need to have a good understanding about is how to interpret insurance policy definitions. Understanding how the courts interpret the language in the policy assists the attorney in advising a client in a proper course of action.

The Waco Court of Appeals issued an opinion in 1963, that is helpful in the determining when a vehicle is “occupied.”

What Is “Use” Of An Automobile

July 17, 2012 | Mark S. Humphreys

Grand Prairie Insurance Law Attorneys and those in Dallas, Fort Worth, Richardson, Mesquite, De Soto, Duncanville, North Richland Hills, and other places in the DFW area need to have an understanding how the courts interpret insurance policies.

The United States 5th Circuit Court of Appeals issued an opinion in 2012, that dealt with policy interpretation of the word “use” in the context of the insurance policy.

The Federal Court applied in some detail, Texas policy interpretation rules for determining the insurance companies duty to defend with respect to the facts of the case. The style of the case is National Casualty Company v. Western World Insurance Company.

Living In The Same Household Defined

July 8, 2012 | Mark S. Humphreys

Grand Prairie Insurance Attorneys and those in Fort Worth, Dallas, Carrollton, Farmers Branch, Richardson, Plano, Rowlett, Mesquite, and other places in the Dallas / Fort Worth area would want to be able to understand how insurance companies look at the members of a household when interpreting an insurance policy.

The Waco Court of Appeals issued an opinion in 1977, in the case, Southern Farm Bureau Casualty Insurance Company v. Kenneth C. Kimball et al. that is still good law. Here is some background:

Kenneth is the named insured in a family insurance automobile policy issued by Southern Farm Bureau. Kenneth’s wife, Connie, was killed in an automobile accident with an uninsured motorist when the policy was in force. At the time of her death, she and Kenneth were separated, living in separate residences, and a divorce action filed by her was pending. Southern Farm Bureau brought suit seeking a declaratory judgment as to its responsibilities under the policy for uninsured motorist protection.

Where Is A Child A Resident

July 7, 2012 | Mark S. Humphreys

Grand Prairie insurance lawyers and those in Fort Worth, Dallas, Mesquite, Garland, Carrollton, Richardson, Rowlett, Farmers Branch, and other places in Dallas County need to be able to answer this question properly when handling insurance cases.

The Texarkana Court of Appeals answered this question in a 1978 opinion. The style of the case is, Hartford Casualty Insurance Company v. Phillips.

Here is some background:

How To Determine Residency

July 5, 2012 | Mark S. Humphreys

Weatherford lawyers and those in Mineral Wells, Aledo, Springtown, Willow Park, Millsap, Brock, Hudson Oaks, Azle, and other places in Parker County need to know how to determine residency in an insurance policy.

The Houston Court of Appeals, 1st District, decided a case in 1996, that provides guidance on this issue. The style of the case is, State Farm Mutual Automobile Ins. Co. v. Nguyen. Here is some background.

The court had to decide whether the family member exclusion in Nguyen’ automobile liability insurance policy applied and, therefore, limited the amount of their recovery. The court had to also decide whether their child, whose entire six-day life was spent in a hospital, was a “resident” of Nguyens’ “household.” The court held that the child was a resident of the household and that the family member exclusion limited Nguyens’ recovery to $20,000.