Uninsured/Underinsured Coverage

When Are Claims Suppose To Be Paid?

November 29, 2011 | Mark S. Humphreys

Anyone in Grand Prairie, Arlington, Mansfield, Cedar Hill, Duncanville, De Soto, Irving, Fort Worth, or anywhere else in Texas would naturally wonder when a claim they submit is suppose to be paid. The lawyerly answer is: It depends. One answer in one situation is shown here.

In 2002, the San Antonio Court of Appeals issued an opinion in a case that dealt with when a claim for underinsured motorist (UIM) benefits should be paid. The style of the case is Lawrence F. Wellisch, III and Maria L Wellisch v. United Services Automobile Association. The case came to the appeals court on an appeal on a motion for summary judgement in favor of United Services Automobile Association (USAA).

Here is some background.

Insurance Lawyer Needed

November 15, 2011 | Mark S. Humphreys

People needing an attorney in Grand Prairie, Arlington, Mansfield, Irving, Fort Worth, Dallas, and other places in Texas will probably get confused on this case and realize the necessity of hiring an experienced Insurance Law Attorney.

The Amarillo, Court of Appeals, issued an opinion on October 17, 2011, styled, In Re Farmers Texas County Mutual Insurance Company. This is a case where Farmers was seeking the issuance of a writ of mandamus from this appeals court. Farmers was asking this court to issue an order to Judge Carter Schildknecht of the 106th Judicial District Court of Garza County, Texas, to abate trial on extra-contractual claims asserted by real-party-in-interest, Terry Henrie. This court denied Farmers request.

Here is some background.

Proof Of No Insurance

November 5, 2011 | Mark S. Humphreys

Someone in Weatherford, Mineral Wells, Aledo, Azle, Hudson Oaks, Willow Park, Millsap, Brock, Cool, Peaster, or anywhere else in Parker County may wonder how to make a claim for uninsured motorist benefits. READ ALL THE WAY TO THE END TO GET THE ANSWER.

The Texas Supreme Court issued an opinion in 1970, in the case styled, State Farm Mutual Automobile Insurance Company v. William A. Matlock et ux. In this case the court reversed its earlier opinion and the ruling of the trial court and the court of appeals. This reversal resulted in William Matlock and his wife taking nothing in their lawsuit against State Farm.

The Matlocks suffered injuries in an accident with a car driven by a man identified in the court record only as a man with one leg. They knew the name of this man, but did not testify about his name. Upon the theory that he was an uninsured motorist and without joining him as a defendant, the Matlocks filed a lawsuit against their own insurer, State Farm, and asserted its liability under its policy terms to cover the Matlocks for damages for bodily injury caused by an uninsured motorist.

Suing An Insurance Company

October 23, 2011 | Mark S. Humphreys

Someone in Grand Prairie, Weatherford, Arlington, Fort Worth, Dallas, Mineral Wells, Grapevine, Keller, Colleyville, or anywhere else in Texas should know that when it comes to suing an insurance company, there are things to know.

A 2007, San Antonio Court of Appeals case serves as a good example. The style of the case is, In re Terri Ann Garcia.

This is a writ of mandamus case. The person suing, Terri Ann Garcia, sought a writ of mandamus to vacate the trial court’s order quashing the deposition of a State Farm Mutual Automobile Insurance Company representative. State Farm was trying to prevent the taking of the deposition of its representative.

Underinsured / Uninsured Motorist At Work

October 22, 2011 | Mark S. Humphreys

Workers in Grand Prairie, Arlington, Irving, Fort Worth, Dallas, Mesquite, Garland, Richardson, Carrollton, Hurst, Euless, Bedford, or anywhere else in Texas may wonder about this situation. What if you are hurt at work while driving a company vehicle, your employer has workers compensation benefits you seek and obtain, and the vehicle has underinsured / uninsured (UM) benefits purchased by your employer? Can you obtain the UM benefits?

The Amarillo Court of Appeals had this issue come up in a case they issued an opinion in on September 26, 2011. The style of the case is, Robert Smith v. City of Lubbock and St. Paul Fire and Marine Insurance Company.

This case was an appeal from a summary judgment in favor of Lubbock and St. Paul. This court reversed as it relates to St. Paul but affirmed the decision as it relates to the employer, City of Lubbock.

Bad Faith Insurance Claims

September 18, 2011 | Mark S. Humphreys

An insured in Grand Prairie, Arlington, Fort Worth, Dallas, or anywhere else in North Texas might wonder how an under-insured motorist claim works. That is a long answer, but here is how some of it worked in this situation.

The Dallas Court of Appeals issued an opinion on August 12, 2011, in the case styled In Re State Auto Property & Casualty Insurance Company and Hotchkiss Family Holdings, Inc D/B/A Hotchkiss Insurance Agency. This is a mandamus proceeding complaining of two orders of the trial court. Here is some background information.

Graeber and Kori Anderson were involved in an auto accident in which liability was disputed. After Graeber settled his lawsuit against Kori Anderson within Anderson’s policy limits, he sued State Auto, two of its adjusters, and his local insurance agent, Hotchkiss, seeking underinsured (UIM) benefits and extra-contractual damages for bad faith and other claims. State Auto asked the court to sever and abate the UIM claims from the extra-contractual claims. This was denied, but separate trials with separate juries was ordered, as well as a stay of discovery and proceedings on the extra-contractual claims until the disposition of the UIM claim.

Policy Interpretation – Residents Of Household

July 21, 2011 | Mark S. Humphreys

Insureds in Grand Prairie, Arlington, Grapevine, Keller, Flower Mound, Rhome, Ponder, Justin, Haslet, Saginaw, Farmers Branch, and other places in Texas might think they know the meaning of household resident. They would be surprised that often times an insurance company is going to fight over what it means when someone makes a claim. Here is an example.

The Texas Court of Appeals, Waco, determined a case in 1977, which is still good law. The case is styled, Southern Farm Bureau Casualty Insurance Company v. Kenneth C. Kimball et al. Here are some facts of the case.

Kenneth Kimball was the named insured in a family 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. Farm Bureau filed a declaratory judgment asking the court to declare that they did not owe any benefits under the policy. The case was heard on stipulated facts. The only issue raised was whether Connie and Kenneth were “residents of the same household,” as that term is used in the policy, at the time of Connie’s death.

Uninsured Motorist Coverage Rejection

May 31, 2011 | Mark S. Humphreys

Drivers in Grand Prairie, Arlington, Duncanville, De Soto, Cedar Hill, Mansfield, Irving, Dallas, and other places in Dallas and Tarrant County are required by law to be offered Uninsured Motorist protection when they purchase liability insurance on their vehicles. This is mandatory unless the coverage is rejected in writing.

A 1974, Beaumont Court of Appeals case deals with this issue in a fact pattern that has an unusual twist to it. The style of the case is, Oran Greene v.Great American Insurance Company. In this case the court ruled in favor of the insurance company.

Here is some background.

Uninsured Motorist Insurance Coverage / Umbrella Policies

May 26, 2011 | Mark S. Humphreys

This could happen to someone in Grand Prairie, Arlington, Fort Worth, Mansfield, Hurst, Euless, Bedford, Colleyville, Keller, or anywhere else in Tarrant County or the State of Texas. It is a case dealing with umbrella insurance policies and uninsured motorist automobile policies.

The case was decided in January, 1996, by the Austin Court of Appeals and is styled, Joel Sidelnik et al v. American States Insurance Company. Here is some background.

Sidelnik brought a declaratory judgment action seeking a determination that, as a matter of law, his umbrella insurance policy issued by American provides uninsured motorist coverage for the car accident in which his wife was killed. The trial court and this appeals court ruled in favor of American.

Uninsured / Underinsured Coverage And Limitations

April 10, 2011 | Mark S. Humphreys

Someone with uninsured and underinsured coverage in Grand Prairie, Arlington, Dallas, Fort Worth, Mansfield, Irving, Pantego, Dalworthington Gardens, or anywhere else in Texas would probably have a hard time understanding when it becomes too late to file a claim for benefits under these coverages. Maybe this will help.

A Texas Supreme Court case decided in 1974, is still good law and a reference point for answering this question. The case is styled, “Raul C. Franco et us. v. Allstate Insurance Company.

In this case, Franco and his wife sought to recover from Allstate Insurance Company, under the uninsured motorist provision of their insurance policy, for the death of their daughter and personal injuries to Franco, arising out of an accident alleged to have been caused by the negligence of an uninsured motorist. Their suit was filed approximately three years after the date of the accident and death. The question is whether the two or four year statute of limitations is applicable to either or both of the claims asserted.