Uninsured/Underinsured Coverage

Insurance Law Attorney – Example Of Why To Get One

May 18, 2013 | Mark S. Humphreys

Arlington insurance law attorneys would find this case to be a good case to show clients when trying to explain why the client needs an attorney.

The style of the case is, Amy Warmbrod v. USAA County Mutual Insurance Company. This is an El Paso Court of Appeals opinion issued in April 2012.

Amy Warmbrod filed suit against USAA alleging various causes of action and seeking damages arising out of USAA’s handling of her underinsured motorist (UIM) claim. Warmbrod appeals the summary judgment granted in favor of USAA.

Physical Contact Rule For Uninsured Coverage

March 30, 2013 | Mark S. Humphreys

Fort Worth insurance law attorneys need to know the “physical contact” rule as it relates to coverage for uninsured (UM) coverage.

UM coverage is required pursuant to the Texas Insurance Code, Section 1952.101, unless it is rejected in writing.

Most auto insurance policies are going to include within the definition of “uninsured motor vehicle” a hit and run vehicle whose operator or owner cannot be identified. This incorporates the requirement in Texas Insurance Code, Section 1952.104, which requires “… actual physical contact must have occurred between the vehicle owned or operated by the unknown person and the person or property of the insured.” The Texarkana Court of Appeals, in 1986, made clear that there is no coverage if an unidentified vehicle runs the insured off the road but does not actually hit the vehicle in the process.

When Is A Vehicle Uninsured?

February 23, 2013 | Mark S. Humphreys

Fort Worth insurance lawyers need to be able to answer the above question.

Texomashomepage.com published an article January 30, that would make you wonder about the answer. The title of the article is, “Woman Fights Back After Denied Coverage When Struck By Vehicle.”

The article tells us that if you own a vehicle, it’s the law to have insurance coverage.

Uninsured Definition

November 29, 2012 | Mark S. Humphreys

Grand Prairie insurance lawyers will run across situations where the definition of “uninsured” is not clear. One of those situations was present in a recent Austin Court of Appeals case. The case is styled, Nealey Michelle Malham v. Government Employees Insurance Company.

Here is some relevant information.

Malham was injured in a motor vehicle accident in which the car in which she was a passenger was struck by a pickup truck owned by the City of Killeen and driven by a city employee while working. Malham sued the City and its employee alleging that she suffered injuries as the result of the employee’s negligent acts and that the City was vicariously liable for its employee. Malham settled her claims against the City and the employee in exchange for payment to her of $87,500. Thereafter, Malham filed a claim under the uninsured motorist coverage provision of her GEICO policy seeking to recover medical expenses related to back surgery she alleges was recommended to treat injuries sustained in the accident. In the underlying cause of action, Malham sought a declaration that the City vehicle that struck the car she was riding in was an “uninsured motor vehicle,” as that term is defined in her contract with GEICO, and that she was entitled to recover $300,000 from GEICO under the terms and conditions of the uninsured-motorist coverage contained in the policy. After a bench trial, the court rendered a final take-nothing judgment in GEICO’s favor. The court entered findings of fact and conclusions of law supporting its conclusion that GEICO was not liable to Malham for the payment of any uninsured motorist benefits under the terms and conditions of her GEICO policy. This appeal followed.

Uninsured / Underinsured Motorist Claim

November 25, 2012 | Mark S. Humphreys

Dallas insurance lawyers need to understand how uninsured / underinsured motorist claims work.

A 1994, Texas Supreme Court case discusses this issue. The style of the case is, Ruben and Anita Hernandez v. Gulf Group Lloyds. Here is some relevant information.

This case was tried on the following stipulated facts. On November 21, 1987, Elizabeth Hernandez was killed when the car in which she was a passenger flipped over. The sole proximate cause of the accident was the negligence of the driver of the car, Charles McCullough, Jr. At the time of the accident, McCullough was nineteen years old and his only asset was a $25,000 liability policy with State Farm Mutual Automobile Insurance Company. Elizabeth Hernandez was covered by her parents’ insurance policy with Gulf Group Lloyds. That policy included uninsured/underinsured motorist coverage in the amount of $100,000. The damages suffered by Elizabeth Hernandez and her parents exceeded $125,000.

Suing For Underinsured Motorist Coverage

November 15, 2012 | Mark S. Humphreys

Fort Worth insurance law attorneys need to know how underinsured motorist claims are handled by the courts.

The Austin Court of Appeals issued an opinion in September, 2012, that deals with this issue. The style of the case is In re American National County Mutual Insurance Company. Here is some relevant information from the case.

The lawsuit underlying this case arises from an automobile accident that occurred in 2009, between Cole and another driver, Estelline Bullock. Cole sued Bullock and eventually settled her claims for the limits of Bullock’s insurance policy, $100,000. Cole then made a claim under the uninsured/underinsured provision (“UIM”) of her own policy with American National. After rejecting American National’s offer to settle her UIM claim for $5,000, Cole sued American National for breach of contract, alleging that American National failed to pay her covered UIM claim. Cole also brought extra-contractual claims for common-law bad faith and insurance code violations. American National filed a traditional motion for summary judgment and in the alternative, a motion for severance and abatement. Specifically, American National requested that the trial court sever Cole’s extra-contractual claims, place those claims into a separate cause, and abate that cause pending final resolution of Cole’s claim for breach of contract. The trial court denied the motions and this mandamus proceeding followed.

Insurance Lawyers And Uninsured Coverage

October 14, 2012 | Mark S. Humphreys

Grand Prairie lawyers and those in Irving, Arlington, Dencanville, De Soto, Cedar Hill, Mansfield and other places in DFW need to now about this opinion.

The opinion is a case out of the San Antonio Court of Appeals. It is styled, Ruben L. Briones v. State Farm Mutual Automobile Insurance Company. Here is some relevant information.

This is an appeal from a take nothing summary judgment. This court ruled that the trial court erred in granting the summary judgment because there was a genuine issue as to material facts, namely whether the tractor-trailer in which Briones was a passenger at the time of his injuries was furnished or available for his regular use, as that term is used in his policy of insurance.

Under Insured Insurance Fighting Against You

September 20, 2012 | Mark S. Humphreys

Weatherford lawyers and those in Mineral Wells, Springtown, Aledo, Azle, Poolville, Cool, Millsap, Brock, and other places in Parker County need to have a good understanding of how Under Insured motorist coverage works. Good Morning America highlighted this topic in a story recently. Here is what the said.

The brother of a woman who was killed in car accident is accusing her insurance company of defending the person he said is her killer in an insurance legal dispute, including calling a witness to the stand against her.

Kaitlynn Fisher, called Katie by her brother and who had engineering degrees from Johns Hopkins University, died in a car accident on June 19, 2010 in Baltimore after another driver ran a red light. She was 24.

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: