Dallas Fort Worth Insurance Lawyer Blog

Insurance Fraud

September 16, 2012 | Mark S. Humphreys

Grand Prairie insurance attorneys and those in Dallas, Fort Worth, Mansfield, Irving, De Soto, Cedar Hill, Arlington, and other places in the Dallas / Fort Worth metroplex need to know how to evaluate a case. There will be those times when a person may be trying to commit insurance fraud. An attorney needs to know the penalties associated with such efforts.

The Insurance Journal ran an article dealing with new penalties enacted in the State of Alabama. Here is most of the article:

A number of recently enacted laws in Alabama concerning property-casualty insurance became effective on August 1.

Insurance Claim Denied

September 15, 2012 | Mark S. Humphreys

Weatherford insurance attorneys and those in Mineral Wells, Aledo, Samson Park, Azle, Hudson Oaks, Peaster, Cool, Poolville, Whitt, Springtown, Millsap, Brock, and other places in Parker County need to know the various ways under the Texas Insurance Code and Texas Common Law that recovery can be made when an insurance claim is wrongfully denied by an insurance company.

“The Record,” a newspaper in Madison, Wisconsin ran an article telling us about a couple suing their insurance company pro se.

A Belleville couple is asking for more than $100,000 from insurance companies that allegedly denied damage claims without cause.

Personal Injury Protection Coverage

September 13, 2012 | Mark S. Humphreys

Grand Prairie insurance attorneys and those in Irving, Duncanville, De Soto, Lancaster, Richardson, Garland, Mesquite, Farmers Branch, Carrollton, and other places in Dallas County should have a good understanding of the way that Personal Injury Protection (PIP) benefits work. The State of Florida through it’s department of insurance mandates coverage much the way Texas does. The SunSentinel ran an article dealing with PIP complaints. Here is much of what the article says.

Chief Financial Officer Jeff Atwater blasted the auto insurance industry Tuesday, saying it needed to “quit the whining” over reductions to auto insurance rates required as part of reforms to the state’s no-fault auto insurance law.

“The insurance industry came to each committee meeting, they lobbied these legislators – ‘You’ve got to make these changes so we can help our customers,'” Atwater said in an interview. “But no sooner do suggested reductions come out and everybody starts running for cover.”

Subrogation

September 11, 2012 | Mark S. Humphreys

Fort Worth insurance attorneys and those in Grapevine, Haslet, Rhome, Newark, and other places around Tarrant County need to have an understanding of subrogation issues when handling insurance cases.

The Eastland Court of Appeals issued an opinion in 2006, that dealt with subrogation. The style of the case is, State Farm Mutual Automobile Insurance Company v. Perkins. Here is some relevant background:

Shannon Perkins was involved in an automobile accident with Eddie Mike Cooper Jr. on May 22, 2003. At the time of the accident, Cooper was driving a dump truck owned by Harold Oaks. Perkins had an automobile insurance policy with State Farm. Cooper did not have automobile liability insurance. As a result of the accident, State Farm paid $25,000 in uninsured/underinsured motorist benefits (UM) to Perkins for her injuries under the terms of her policy.

Notifying Insurance Company About A Claim

September 9, 2012 | Mark S. Humphreys

Weatherford Insurance Lawyers and those in Aledo, Azle, Mineral Wells, Willow Park, Hudson Oaks, Springtown, Millsap, Brock, and other places in Parker County need to make sure their clients promptly turn claims in to their insurance company.

The United States Court of Appeals for the 5th Circuit issued an opinion in August that illustrates the need for doing this. The style of the case is, Berkley Regional Insurance Company, as Subrogee of Venus Rouhani and as Assignedd/Subrogee of the Tower of Town Lake Condominium Association, Inc. v. Philadelphia Indemnity Insurance Company. Here is some relevant background and facts:

This is an appeal from a summary judgment granted in favor of Berkley.

Insurance Policy Technicalities

September 8, 2012 | Mark S. Humphreys

Fort Worth insurance law attorneys and those in Hurst, Euless, Bedford, Grapevine, and other places in Tarrant County would be helping their clients by being aware of the case discussed here.

The case is an opinion issued by the Texas Supreme Court in 1984. The style of the case is, Jo Beth Warren Puckett et al. v. U.S. Fire Insurance Co. Here are some of the relevant facts and information of the case.

The case is a declaratory judgment action. The question presented is whether an insured’s failure to have his plane inspected need be the cause of an accident in order for the insurance company to avoid liability under an aviation policy for damages resulting from that accident. The trial court held that causation was not required and rendered summary judgment for, U.S. Fire Insurance Company. The court of appeals affirmed. The Texas Supreme Court reversed the judgments of both courts and remanded the cause for trial.

Interpreting Your Policy

September 6, 2012 | Mark S. Humphreys

Fort Worth insurance lawyers and those in Crowley, Benbrook, Bedford, Euless, Hurst, Grapevine, and other parts of Tarrant County need to know how the courts interpret insurance policies.

The Dallas Court of Appeals issued an opinion in the case styled, Farmers Insurance Exchange v. Bob Greene. The opinion was issued on August of 2012.

Here is some background:

Damages Determination

September 4, 2012 | Mark S. Humphreys

Grand Prairie lawyers and those in Dallas, Richardson, Mesquite, Garland, Irving, Carrollton, Farmers Branch, and other areas of Dallas County need to be able to evaluate the value of a claim when discussing the claim with a client. There is no certain way to guarantee an end result in insurance litigation but there are things to be knowledgeable about in order to give informed advice.

The United States District Court, Eastern District, Sherman Division issued an opinion in July 2012, that deals with claim value determination. This case centers around the appraisal process and determination and it’s effect on a case. The style of the case is, Amtrust Insurance Co. of Kansas, Inc. v. Starship League City, L.P. and USA Self Storage, Inc.

Procedurally, this case was heard by a United States Magistrate Judge. The Magistrate ruled in favor of Amtrust in an action seeking declaratory relief.

Claim Denied Because Policy Expired

September 2, 2012 | Mark S. Humphreys

Fort Worth lawyers and those in Grand Prairie, Arlington, Benbrook, Lake Worth, Saginaw, Keller, and other places in Tarrant County need to know about this insurance case.

The case is an opinion issued by the Fort Worth Court of Appeals in 2010. The style of the case is, Glenda and Larry Rice v. Metropolitan Life Insurance Company. Here are some of the relevant facts:

Glenda purchased group life insurance for herself and her husband, as her dependent, through a plan offered by her employer. Larry’s rider provided $50,000 in coverage. Glenda retired in March 2003.

Insurance Attorney Can Help Determine When The Policy Ends

September 1, 2012 | Mark S. Humphreys

Weatherford lawyers and those in Mineral Wells, Aledo, Azle, Brock, Willow Park, Graford, Millsap and other places in Parker County need to know about this insurance case and the exception that often can apply.

The style of the case is, Ulico Casualty Company v. Allied Pilots Association. This is a Texas Supreme Court case and the opinion was issued in 2008.

Here is some background: