Dallas Fort Worth Insurance Lawyer Blog

Long Term Disability Benefits

April 28, 2011 | Mark S. Humphreys

Anyone in Grand Prairie, Arlington, Irving, Mansfield, Dallas, Fort Worth, Cockrell Hill, Oak Cliff, De Soto, Duncanville, Lancaster, or any other place in Texas, who has disability insurance to help in a time of need, would be interested in the following case.

The case was decided by the The United States Court of Appeals for the Fifth Circuit. It is an appeal from a summary judgment in the district court in favor of the insurance company. The case is styled, Gwendolyn Byrd v. Unum Life Insurance Company of America. The opinion was issued on April 7, 2011.

The plaintiff, Gwendolyn Byrd, filed suit challenging Unim Life Insurance Company’s decision to terminate her long term disability benefits. The job of this appeals court was to review the case for an abuse of discretion by the district court. Here is some background.

Pre-existing Claims? Fortuity

April 26, 2011 | Mark S. Humphreys

Insurance purchasers in Grand Prairie, Arlington, Dallas, Fort Worth, Mansfield, Irving, Mesquite, Cockrell Hill, Oak Cliff, Richardson, or any other place in Texas need to know about the “known-loss” exclusion in an insurance policy.

One way of understanding this exclusion is by reading the case, Colony National Insurance Company v. Unique Industrial Product Company, L.P. This case was decided by the United States District Court, Southern District, Judge Lynn N. Hughes, on April 7, 2011. This is a summary judgment ruling.

Here is some background.

Insurance Company Doing Wrong

April 24, 2011 | Mark S. Humphreys

From Grand Prairie, Arlington, Fort Worth, Dallas, Hurst, Euless, Bedford, Pantego, Dalworthington Gardens, Mansfield, Crowley, to all over Texas, people who have their insurance with State Farm Insurance should find this interesting.

The Houston Chronicle ran a story on April 11, 2011, by writer Terrence Stutz. The title of the article is, “State Farm Is Told To Pay $350 Million.”

The article tells us that State District Judge Tim Sulak found that state Commissioner Mike Geeslin acted properly when he ordered State Farm Lloyd’s to reimburse an estimated 1.2 million customers for overcharges as well as penalty interest going back to 2003. The amount owed is nearly $350 million.

Insurance Company Denys Claim

April 23, 2011 | Mark S. Humphreys

No one in Weatherford, Mineral Wells, Aledo, Azle, Hudson Oaks, Peaster, Poolville, Millsap, Brock, Cresson, Lipan, Willow Park, or anywhere else in Texas wants to hear their insurance company deny a claim they make.

The newspaper, Boulder Daily Camera, ran a story on April 13, 2011, authored by staff writer, Vanessa Miller. The title of the story is, Fourmile Fire Victom Sues Insurance Company For Denying Coverage. It is a story where the insurance company denied a claim and placed the reason for the denial back on the shoulders of the insured.

It it certain that anyone who faces a similar story should do as the person in this story did; that is to seek the advice of an experienced Insurance Law Attorney. Here is much of the story.

Vacant Homes And Insurance

April 21, 2011 | Mark S. Humphreys

When someone in Grand Prairie, Fort Worth, Arlington, Dallas, Irving, Mesquite, Garland, Richardson, Carrollton, De Soto, or anywhere else in Texas leaves their house – is it vacant? What if you moved out to renovate it? What if you moved out while it was up for sale? What if you moved out while you had a temporary job out of town? What if you moved out to take care of a sick relative or friend?

When a house seems to be vacant and a loss occurs, the insurance company that insures the house will probably deny the claim under the “vacancy exclusion” in the insurance contract. Of course when this happens, an experienced Insurance Law Attorney needs to be consulted immediately. Whether the house is vacant, as that term is defined in the insurance contract and Texas courts, will determine whether or not there is coverage.

A case decided by the Court of Appeals, Waco, in 1971, is a good place to look for some guidance. The style of the case is, Germania Farm Mutual Aid Association v. Bobby D. Anderson and Lavern Anderson.

Vacant Buildings And Homes And Insurance

April 19, 2011 | Mark S. Humphreys

Structures owners in Weatherford, Aledo, Azle, Peaster, Hudson Oaks, Willow Park, Cresson, Mineral Wells, Millsap, Brock, Peaster, Springtown, and other places in Texas should know how insurance works when it comes to structures that are not “always” occupied.

The Houston Court of Appeals [1 Dist], decided a case in 1992, styled, Balram R. Jerry v. Kentucky Central Insurance Company. This case dealt with the trial court’s ruling in favor of the Kentucky Central Insurance Company (Kentucky). Here is some background.

In November 1985, Jerry and his wife, Valerie, moved to Utah for employment reasons. They retained ownership of their house in Harris County (the property). In April 1986, Valerie returned to the property and discovered it broken into and vandalized. Most of their property was taken or damaged. Six months later, Valerie’s parents visited the property and discovered it destroyed by fire. On November 11, 1986, Jerry reported the fire to Kentucky.

Vacancy Clause In Homeowners Policy

April 17, 2011 | Mark S. Humphreys

Property owners in Grand Prairie, Arlington, Pantego, Dalworthington Gardens, Crowley, Burleson, Lake Worth, Fort Worth, Weatherford, and other places in Texas who own homes and other building should know about the “vancancy clause” in their insurance policy.

Here is a 1969, case dealing with the vacancy clause in a homeowners insurance policy. It was decided by the Houston Court of Appeals and is styled, John J. Knoff et al. v. United States Fidelity and Guaranty Co.

Here are some facts of the case. Knoff and others sued United States Fidelity and Guaranty Co. (Fidelity) for money under a fire insurance policy. The policy excluded coverage when the house had been vacant beyond a period of thirty consecutive days. A fire occurred May 19, 1966, destroying the home. Here is some of the trial testimony.

Insurance Law And Deceptive Trade Practices Act

April 16, 2011 | Mark S. Humphreys

Insured people in places like Grand Prairie, Arlington, Fort Worth, Dallas, Mansfield, Burleson, Crowley, Joshua, Keene, Alvarado, and other places in Texas would know very little about Texas Insurance Law or the Texas Deceptive Trade Practices Act. The two are connected and maybe this article will help to make that clear.

A large part of this information is taken from a lawyer resource called, Texas Practice Guide – Insurance Litigation.

The Texas Insurance Code, Section 541.151(2) cross-references and prohibits conduct defined in the Texas Business & Commerce Code, Section 17.46(b). This 17.46 is part of what is commonly called the Deceptive Trade Practices Act (DTPA). the DTPA applies to all types of consumer transactions, not just insurance, so many of the provisions are not directly relevant. The most relevant provisions prohibit:

Title Insurance Policies And Boundary Lines

April 14, 2011 | Mark S. Humphreys

Everybody in Grand Prairie, Weatherford, Parker County, Tarrant County, Fort Worth, Arlington, Mansfield, Cleburne, Mineral Wells, or any other place in Texas has a property line associated with his property. Title to land (property lines) is part of the coverage in a title insurance policy. As a result, the following case should be of some interest to all property owners.

The case deals with an opinion handed down by the Court of Appeals, Fort Worth. It was delivered on March 24, 2011. The style of the case is Jimmy D. Hand v. Old Republic Title Insurance Company. Here is some background.

Hand’s neighbor, Glen Jones, sued Hand over a rock wall that Hand built along the border separating their properties. Specifically, Jones claims that the rock wall “fails to follow the true boundary line and encroaches upon the boundary of his property.” Jones sued for trespass to try title and adverse possession.

Mortgage Accidental Death Policy

April 12, 2011 | Mark S. Humphreys

Mortgage holders in Grand Prairie, Weatherford, Arlington, Aledo, Azle, Fort Worth, Dallas, Irving, Hurst, Euless, Bedford, Pantego, and other places in Texas would find an interest in the case discussed below.

The United States Court of Appeals for the Fifth Circuit, issued an opinion on March 18, 2011, styled, Brenda LeMeilleur v. Monumental Life Insurance Company: Trustees of the National Homeowners Group Insurance Trust, c/o Countrywide Insurance Services, Incorporated. This case is an appeal from the district court where a ruling was handed down in favor of the insurance company. That ruling was affirmed by this appeals court.

Here are some facts: