Dallas Fort Worth Insurance Lawyer Blog

Life Insurance Lawyers – Where Is The Proper Place To File A Lawsuit

August 28, 2023 | Mark S. Humphreys

For life insurance attorneys the topic here is not usually a concern. However, it will be occasionally and the lawyers need to know about it. This is a 2023 opinion from the Northern District of Texas, Dallas Division. The opinion is styled, Lew McGinnis v. Nationwide Life & Annuity Insurance Co.

This a life insurance case that was filed in Texas. McGinnis asserted that he was a citizen of Texas. Nationwide filed a Rule 12(b)(1) motion to dismiss contending, inter alia, that the court lacks subject matter jurisdiction because MGinnis was an Oklahoma citizen when the lawsuit was filed.

To establish his Texas citizenship on the date he filed suit, McGinnis must demonstrate that he resided in Texas on that date and intended to continuing residing in Texas. The relevant factors include the places where the litigant exercises civil and political rights, pays taxes, owns real and personal property, has driver’s and other licenses, maintains bank accounts, belongs to clubs and churches, has places of business or employment, and maintains a home for his family.

Life Insurance Lawyers And Bad Faith

August 26, 2023 | Mark S. Humphreys

Life Insurance Attorneys need to read this case to see how one court handled allegations of bad faith in a life insurance situation. This is a 2023, opinion from the Southern District of Texas, Houston Division. The opinion is styled, Sue Williams v. Minnesota Life Insurance Company.

Williams sued Minnesota Life alleging it fraudulently represented that the policy would cover a death resulting from accidental asphyxiation.

Minnesota filed a Rule 12(b)(6) motion asking the Court to dismiss Williams claims for bad faith in it’s handling of her claim for life insurance benefits.

Life Insurance Attorneys And Lawsuits – Fraud Allegations -DTPA

August 21, 2023 | Mark S. Humphreys

Life Insurance Attorney need to read this 2023 opinion from the Southern District of Texas, Houston Division. The opinion is styled, Sue Williams v. Minnesota Life Insurance Company.

Sue Williams is the beneficiary of an accidental death insurance policy issued by Minnesota Life. Michael Williams is alleged to have died due to accidental asphyxia.

Sue sued Minnesota Life for various violations of the Texas Insurance Code and Breach of Contract.

Life Insurance And Lawsuits

August 19, 2023 | Mark S. Humphreys

Life Insurance Attorney need to read this 2023 opinion from the Southern District of Texas, Houston Division. The opinion is styled, Sue Williams v. Minnesota Life Insurance Company.

Sue Williams is the beneficiary of an accidental death insurance policy issued by Minnesota Life. Michael Williams is alleged to have died due to accidental asphyxia.

Sue sued Minnesota Life for various violations of the Texas Insurance Code and Breach of Contract.

Life Insurance – Policy Language

August 14, 2023 | Mark S. Humphreys

Life Insurance Lawyers need to read this 2023 opinion from the Southern District of Texas, Houston Division. The opinion is styled, Adrianne Archer Graves v. Metropolitan Life Insurance Company, et al.

This is a dispute over proceeds of the life insurance policy of Decedent Timothy Howick. Plaintiff Adrianne Graves, the Dependent Administrator of Timothy Howick’s Estate contends that the Estate was entitled to the proceeds. Defendant and Cross Claimant Christopher McAtamney, the former spouse of Timothy Howick, contends that he was so entitled. Both Metlife and Marilyn Howick, Timothy Howick’s mother, contend that Ms. Howick is entitled to these benefits. Graves, McAtamney, Marilyn Howick, and MetLife are all parties to this suit.

This case has many motions in it and much discussion of issues. Here the focus will be on the Court’s interpretation of the policy language.

Hail Damage Claim Attorney

August 12, 2023 | Mark S. Humphreys

Here is a hail damage claim that has a frequently heard assertion by the insurance company. That assertion being that whatever hail damage exists occurred outside the policy period.

This is a 2023, summary judgment opinion from the Western District of Texas, San Antonio Division. The opinion is styled, PMJ Bleu Terre Management, LLC v. AmTrust Insurance Company of Kansas, Inc.

The facts presented in the motion are lengthy and should be read. Here is the analysis of the case by the Magistrate Judge.

Life Insurance And Divorce

August 7, 2023 | Mark S. Humphreys

Life Insurance and divorce have to be reconciled when an insured dies. There are many issues that arise in these situations. Here is a 2023 opinion from the Eastern District of Texas, Sherman Division that is a necessary read for any attorney handling life insurance cases wherein an insured dies after a divorce. The opinion is styled, Transamerica Life Insurance Company v. Holly L Moore and Jeffrey H. Simpson.

This is an interpleader action wherein Transamerica owed money after an insured died but was uncertain to whom the money should be paid. The competing claimants are Moore and Simpson.

In February 2018, the Decedent purchased the policy at issue. At the time that he purchased the Policy, the Decedent identified himself as single, and he was engaged to marry Moore later that fall. The Decedent designated Moore, his then-fiancée, as the primary beneficiary of the Policy and Simpson, his father, as the Policy’s contingent beneficiary.

Bad Faith Insurance & Mis-Representations

August 5, 2023 | Mark S. Humphreys

Here is a 2023 opinion wherein the lawsuit alleges the insurer mis-handled a claim. The opinion is from the Southern District of Texas, Brownsville Division, and is styled, Maria Alcala v. Allstate Vehicle And Property Insurance Company.

Allstate filed a Rule 12(n)(6) motion seeking a partial dismissal.

First, Allstate requests dismissal of Alcala’s claim under the Texas Insurance Code for “failure to promptly provide . . . a reasonable explanation . . . for the insurer’s denial of a claim”, in violation of Texas Insurance Code, Section 541.060(a)(3). Allstate argues that the Court should dismiss this cause of action because Alcala did not allege reliance or how any allegedly unreasonable explanation contributed to her damages. As to the initial point, neither Section 541.060(a)(3) nor the caselaw on which Allstate relies indicates that a plaintiff must plead reliance as part of a Section 541.060(a)(3) claim. And other authorities recognize that a Section 541.060(a)(3) claim “does not involve reliance on material misrepresentations”. As to damages, Alcala alleges that “because Allstate’s adjuster failed to properly inspect and account for the covered losses, Defendant issued no payment to Plaintiff for the extensive damage to her property. These allegations suffice to support the cause of action at this stage of the proceedings. As a result, the Court finds both of Allstate’s arguments to dismiss this claim unavailing.

Bad Faith – Texas Insurance Code

July 31, 2023 | Mark S. Humphreys

Bad Faith or Texas Insurance Code violations are alleged is the vast majority of situations where an insurance company denies a claim. So, how do the courts look at these case. Here is a 2023 case from the Southern District of Texas, Brownsville Division. It is styled, Maria Alcala v. Allstate Vehicle and Property Insurance Company.

Plaintiff Maria Alcala filed this action in Texas state court against Defendant Allstate Vehicle and Property Insurance, alleging violations of the Texas Insurance Code and the state’s Deceptive Trade Practices Act. Alcala also alleged that Allstate breached their contract and breached the common law duty of good faith and fair dealing. Allstate removed the case to federal court, and Alcala initially filed an Amended Complaint and later a Second Amended Complaint.

Allstate filed a Rule 12(b)(6) motion to dismiss. The Court granted part of the motion and denied part of the motion.

Bad Faith Lawyer – Statute Of Limitations

July 29, 2023 | Mark S. Humphreys

Insurance lawyers have to understand how the statute of limitations is looked at by the courts. Here is a 2023 opinion from the Fort Worth Court of Appeals. The opinion is styled, Erica Quinn v. State farm Lloyds, et al.

A statute of limitations establishes a time limit for suing in a civil case. A statute of limitations operates as an affirmative defense to a cause of action.

A statute of limitations begins to run on the accrual date, which is the date that the cause of action accrues. Generally, a cause of action accrues when facts giving rise to the cause of action come into existence, even if those facts are not discovered, or the resulting injuries do not occur, until later.