Dallas Fort Worth Insurance Lawyer Blog

Lawyers Arguing When A Representation Is Made

May 17, 2012 | Mark S. Humphreys

Grand Prairie lawyers and lawyers in Fort Worth, Arlington, Mansfield, Irving, Hurst, Euless, Bedford, Grapevine, Garland, Mesquite, or anywhere else in Texas should understand when a representation is made in the context of a Deceptive Trade Practices Act (DTPA) claim for damages.

The Texarkana Court of Appeals issued an opinion in 1993, that provides guidance on this issue. The style of the case is, Dave Rickey v. Houston Health Club, Inc., d/b/a President & First Lady Health & Raquetball Club.

This is an appeal by Rickey from a summary judgment rendered against him in his suit against Houston Health Club (Health Club). Rickey alleged causes of action under both common law negligence theory and the DTPA for personal injuries sustained when he fell on the Health Club’s astroturf jogging track. Rickey contended the trial court erred because he has both a viable negligence action and a viable DTPA claim against the Health Club.

Misrepresentation By Seller

May 15, 2012 | Mark S. Humphreys

Weatherford attorneys as well as attorneys in Mineral Wells, Aledo, Azle, Springtown, Willow Park, Hudson Oaks, Brock, Millsap, or anywhere else in Parker County can help their clients by understanding when a misrepresentation is made that violates the Texas Deceptive Trade Practices Act (DTPA).

A Houston Court of Appeals, First District, case decided in 1984, which sheds light on how to understand one of the ways a misrepresentation can be made. The style of the case is Lone Star Ford, Inc. v. John McGlashan & Teresa McGlashan.

This is an appeal from a judgment rendered in favor of the McGlashans in their suit for damages based on alleged deceptive trade practices. The case was tried without a jury. Finding of fact and conclusions of law were filed.

Misrepresentations – Get Lawyer Help

May 13, 2012 | Mark S. Humphreys

Lawyers in Weatherford, Mineral Wells, Aledo, Azle, Springtown, Cool, Brock, Millsap, Willow Park, Hudson Oaks, and other places in Parker County need to have an understanding of what a “misrepresentation” is in the context of being actionable under the Texas Deceptive Trade Practices Act. These misrepresentations also apply in the insurance context.

Many situations are obvious, but what about situations where it is not so obvious? Can a representation be implied?

Here is a case that provides some guidance. It is a 1984, opinion issued by the Dallas Court of Appeals. The style of the case is, Skeet Chambless v. Barry Robinson Farm Supply, Inc., and John Deere Company.

Misrepresentations By Insurance Agent

May 12, 2012 | Mark S. Humphreys

Attorneys in Grand Prairie, Irving, Arlington, Fort Worth, and other places in Texas need to understand the ways insurance law works and what constitutes a misrepresentation by an insurance agent.

Here is a case from 1990, that might be helpful in understanding a little bit of how this works. The case is styled, Preston Insurance Agency v. Daryl May et. al. and the opinion was issued by the Texarkana Court of Appeals.

Here is some background.

Insurance Lawyers Needed In Texas

May 10, 2012 | Mark S. Humphreys

People in Weatherford, Mineral Wells, Aledo, Azle, Springtown, Cool, Willow Park, Hudson Oaks, Millsap, Brock, and other places in Parker County will often times find themselves needing an Insurance Lawyer, whether they want one or not.

KSAT posted an article in April, 2012, that gives an example how an insurance company takes advantage of their insureds.

The article, written by April Molina, tells us that a San Antonio woman is going out of pocket more than $5,000 after a leak ruined her floors.

Insurance Lawyer And Why You Need One

May 8, 2012 | Mark S. Humphreys

Policy holders in Weatherford, Mineral Wells, Aledo, Azle, Springtown, Willow Park, Hudson Oaks, Millsap, Brock, and other places in Parker County need to understand important reasons for seeing an Insurance Law Attorney.

The El Paso Court of Appeals issued an opinion on April 11, 2012, that is a good illustration for the involvement of an Insurance Law Attorney. The style of the case is, Amy Warmbrod v. USAA County Mutual Insurance Company.

Here is some background:

Personal Injury Protection Benefits Rejection

May 6, 2012 | Mark S. Humphreys

People with auto coverage in Weatherford, Mineral Wells, Aledo, Millsap, Azle, Springtown, Brock, Willow Park, and other places in Parker County might think they have Personal Injury Protection (PIP) benefits, when they actually do not.

The Austin Court of Appeals issued an opinion in 2003, that can be a little confusing. The style of the case is, Kathryn Payne and Carnell Gulley v. Mid-Century Insurance Company of Texas. Here is some background.

Payne and Gulley filed a lawsuit against Mid-Century alleging they were entitled to PIP benefits under the terms of an auto liability policy issued by Mid-Century. Both sides filed motions for summary judgment and the trial court ruled in favor of Mid-Century. On appeal, the trial court ruling was sustained.

Personal Injury Protection And Fraud

May 5, 2012 | Mark S. Humphreys

People in Weatherford, Mineral Wells, Aledo, Azle, Springtown, Millsap, Willow Park, Hudson Oaks, Brock, Cool, and other places in Parker County need to be aware of the Personal Injury Protection (PIP) benefits in their auto policy.

Most people have have these benefits do not even know how they work. All they know is that when they talked with their insurance agent they told the agent they wanted “full coverage” and as a result of that directive they ended up with PIP. It is a good coverage to have and there are laws regulating this coverage in the Texas Insurance Code.

These PIP laws are found in Sections 1952.151 thru 1952.161.

Vacancy Clause In Homeowners Policy

May 3, 2012 | Mark S. Humphreys

A person in Weatherford, Mineral Wells, Aledo, and other places in Parker County who has a homeowners policy would find the following case of interest.

At one time or another a house or residence is going to be vacant for a period of time. Maybe it is when remodeling is being done, or if the property is a rental, there may be a vacancy when a tenant moves out. There may be a temporary vacancy when a house is up for sale. There can be many situations where a structure is temporarily vacant. What most people do not realize is that almost all policies have vacancy exclusions written into the policy. The insured customer discovers this only when they are making a claim and the adjuster assigned the claim determines the vacancy exclusion is applicable and denies the claim for benefits.

The Fort Worth Court of Appeals issued an opinion recently that dealt with the vacancy clause exclusion in a homeowners policy. The style of the case is, Columbia Lloyds Insurance Company v. Robert Mao and Vachana Mao.

Insurance Playing Games

May 1, 2012 | Mark S. Humphreys

Most people in Weatherford, Aledo, Azle, Willow Park, Hudson Oaks, Springtown, Millsap, Brock and other places in Parker County probably already know this but here goes. Did you know an insurance company will play games with you that are designed to separate you from money to which you are entitled.

The answer to the above is illustrated by Reuters article that was on line recently. The title of the article is, “As Weather Gets Biblical, Insurers Go Missing.” The arthur is Matt Stroud. The article tells us how insurance companies are playing games with insurance policies when weather gets bad. For example, many homeowners get hit with the loss of their insurance policies after making claims resulting from weather disasters.

A person in Springfield, Massachusetts, a retired school teacher, found broken windows, missing siding, and a damaged roof after a recent tornado. Her insurance company offered to pay for one window and some of the siding. It ended up taking her nine months and working with an independent adjuster, the Massachusetts Division of Insurance, and a mediation before getting compensated.