Uninsured/Underinsured Coverage

Insurance Attorney Helping To Recover Benefits

April 3, 2012 | Mark S. Humphreys

Residents of Grand Prairie, Fort Worth, Saginaw, Newark, Boyd, Haslet, Rhome, Roanoke, and other places across Texas who make an insurance claim will sometimes have to get the help of an experienced Insurance Law Attorney at some point. Here is a case that serves as an example of why.

The case is a 2007, opinion issued by the San Antonio Court of Appeals. It is styled, In re Terri Ann Garcia. Here are some relevant facts which get kinda legal in nature but are relevant.

Terri Ann Garcia, the plaintiff in the underlying breach of contract suit seeking underinsured (UM) motorist benefits. She sought a writ of mandamus to vacate the trial court’s order quashing the deposition of a State Farm representative. Her attorney argued that by preventing the deposition of a representative of State Farm, the trial court abused its discretion.

Uninsured Claim

March 24, 2012 | Mark S. Humphreys

Insureds in Grand Prairie, Fort Worth, Dallas, Cedar Hill, De Soto, Irving, Carrollton, Mesquite, Garland, and other places in Dallas and Tarrant Counties should find this case interesting. It deals with the definition of “uninsured motor vehicle” in an automobile insurance policy.

The case was decided on February 8, 2012. The opinion was issued by the Austin Court of Appeals. The style of the case is, “Nealey Michelle Malham v. Government Employees Insurance Company“.

Malham appealed her take-nothing judgment in her suit for uninsured motorist coverage against Government Employees Insurance Company (GEICO). This appeals court upheld the take-nothing judgment.

Under Insured Motorist Coverage And Recovery

March 10, 2012 | Mark S. Humphreys

Most people in Weatherford, Mineral Wells, Aledo, Azle, Willow Park, Hudson Oaks, Brock, Millsap, Cool, Springtown, or anywhere else in Parker County would not have a very good idea how under insured motorist (UIM) works. Here is a case that may shed some light on how some aspects of how this coverage works.

The style of the case is, Brainard v. Trinity Universal Insurance Company. This is a Texas Supreme Court opinion that was issued in 2006.

The facts:

Underinsured Insurance And The Law

December 24, 2011 | Mark S. Humphreys

Most insureds in Grand Prairie, Arlington, Fort Worth, Dallas, and other places in the Dallas – Fort Worth metroplex do not have much understanding how Underinsured Motorist (UIM) protection works. Here is a case that helps to explain a little of it.

The case is styled, Salvador Olivas v. State Farm Mutual Automobile Insurance Company and Dan McDowell. The opinion was issued in 1993, by the El Paso Court of Appeals. Here is some background.

Salvador Olivas, while driving an automobile belonging to Dan McDowell, had an accident with a vehicle driven by Alex Harrison IV. Harrison’s liability insurance policy had coverage limits of $25,000 for one person. Olivas settled his tort claim against Harrison for $15,000. This lawsuit was then filed in which it was alleged that Olivas’s damages exceeded $25,000 and recovery was sought on McDowells’ and Olivas’s UIM policies, both of which were issued by State Farm.

Uninsured Motorists And Consent To Settle

December 22, 2011 | Mark S. Humphreys

Most insureds in Grand Prairie, Fort Worth, Dallas, Mansfield, Arlington, and other areas in the Dallas – Fort Worth metroplex have no idea how the uninsured motorist protection coverage on their automobile policies works. All they know is that their insurance agent told them that they should have it in case they have a wreck with someone who does not have insurance.

The Texas Insurance Code, Section 1952.101 requires that all automobile policies issued in the State of Texas contain uninsured motorist UM protection unless the UM protection is rejected in writing. Section 1952.108, allows for the insurance carrier to pursue the uninsured driver for any amounts paid out by the insurance company. As a result of Section 1952.108, allowing the insurance company to pursue the uninsured driver, almost all insurance policies require that their insured obtain written permission from their insurance company before reaching a settlement with the uninsured driver. Most people do not realize this. As a result, what happens if permission to settle is not obtained before settlement with the uninsured driver?

The answer to the above question is partially answered in the 1977, Texas Supreme Court case, Robert William Ford, Jr., et al. v State Farm Mutual Automobile Insurance Company. The principle question in this case was whether State Farm’s unconditional denial of liability constituted a waiver of its right to consent before its insured subsequently settled with another insurance carrier.

Making an Underinsured Motorist Claim

December 20, 2011 | Mark S. Humphreys

People in Grand Prairie, Fort Worth, Arlington, Irving, Dallas, and other places in Texas, who have underinsured motorist (UIM) coverage will hope they never have to use that coverage. But what if they do have to use it? What are the rules?

One rule focused on here, is that in order to make the UIM claim, the claimant must first get written permission from their UIM insurance carrier to settle the case with the underinsured driver who caused injuries. If there is a settlement with the underinsured driver without getting written permission from the UIM carrier, the UIM carrier can refuse benefits. Here is a case where this played out.

The case is a Texas Supreme Court case decided in 1994. The style of the case is Ruben and Anita Hernandez v. Gulf Group Lloyd’s.

Permission To Settle Claim

December 18, 2011 | Mark S. Humphreys

People in Grand Prairie, Arlington, Mansfield, Fort Worth, Dallas, or anywhere else in Texas will often times try to settle a claim they have without the assistance of an experienced Insurance Law Attorney. The problem with doing this is that there are multiple ways a person can be making a big mistake. Here is just one of them.

The Dallas Court of Appeals, decided a case in 1992, styled, “Rochelle Traylor v. Cascade Insurance Company, Formerly Known as Bonneville Texas Insurance Company, Successor in Interest to Victoria Lloyds Insurance Company.”

Here is some factual background:

Rejection Of Uninsured Coverage

December 6, 2011 | Mark S. Humphreys

People with auto insurance policies in Grand Prairie, Arlington, Fort Worth, Dallas, Hurst, Euless, Bedford, and other places through out the DFW metroplex usually do not have a very good understanding of how their auto insurance policies work. All they know is that if they get into a wreck the insurance is suppose to help them.

There are many things an auto insurance policy can provide. The vast majority of people get the bare minimum that is required by state law. But there are many things that can be purchased. The minimum is liability coverage. Beyond liability coverage, a person can purchase coverage for damages to their vehicle, towing, auto rental, life insurance, medical payments, personal injury protection, uninsured and underinsured coverage, and a few other types of coverage.

All of these coverages work a little different from each other. Personal Injury Protection (PIP), and Uninsured / Underinsured (UM) coverage is required coverage on any auto policy sold in the State of Texas, unless these coverages are rejected in writing.

Insurance Attorney And Insurance Claims And Offsets

December 4, 2011 | Mark S. Humphreys

There are times for someone in Grand Prairie, Arlington, Fort Worth, Dallas, De Soto, Duncanville, Cedar Hill, Crowley, Mansfield, and other places in Texas to get with an Insurance Law Attorney to understand how certain aspects of insurance claims are to be handled.

In 1999, the Court of Appeals, Fourteenth District, Houston, had a case of “first impression,” meaning they were presented with an argument for the first time. The case dealt with an argument for offset and settlement credit against uninsured motorist coverage by a negligent third party. The dispute arose out of a multi-car accident.

The style of the case is, “Ann M. Bartley a/k/a Anne Marie Tadlock v. Martell Rae Guillot.” Here are some facts:

Value Of Claim In Insurance

December 3, 2011 | Mark S. Humphreys

A natural question for someone in Weatherford, Mineral Wells, Aledo, Hudson Oaks, Willow Park, Millsap, Brock, or anywhere else in Parker County to ask is; What is the value of my claim?

When the claim is a personal injury claim, there is no easy answer. One general principle in this regard is that there are laws against making a “double recovery.” A double recovery would be where you collect money from more than one source for an injury. The most likely place for this to be seen is where a person is injured in an auto accident caused by another. The injured person goes to the hospital and pays for the hospital bills with their personal health insurance. Then later on, the injured person makes a claim against the person who caused the accident and injuries and the insurance company for that person pays the injured person again, for the same hospital bills. Technically, this is illegal.

Another example is where the injured person makes a claim against two other people who may be responsible for the injuries and both pay all the bills.