Dallas Fort Worth Insurance Lawyer Blog

Assignment Of Insurance Claims

February 17, 2011 | Mark S. Humphreys

Someone in Grand Prairie, Arlington, Dallas, Fort Worth, Grapevine, Colleyville, Keller, North Richland Hills, Roanoke, Azle, Hurst, Euless, Bedford, or anywhere else in Texas who has a claim may run into a situation where they are considering to assign their claim to someone else. There are multiple reasons they might want to do this. Before actually assigning a claim it might be wise to read the following case.

The case is, Nautilus Insurance Company, et al. v. Concierge Care Nursing Centers, Inc., et al. This case was decided by the United States District Court for the Southern District of Texas, Houston Division, on December 23, 2010. Here is some background:

In 1999, Brae Burn Construction Company, Inc. (Brae Burn) entered into a contract to build a skilled nursing facility for Concierge Care Nursing Centers, Inc. (Concierge). Brae Burn entered into subcontracts with Nevco Waterproofing, Inc. (insured by Nautilus Insurance Company), Antex Roofing, Inc (insured by Travelers), Mitchell Chuoke Plumbing, Inc. (insured by Amerisure) and Conex Constructors, Inc. (insured by Evanston). In August 2000, a Certificate of Substantial Completion was issued, and Concierge took possession and control of the building.

Insurance Fraud Article

February 15, 2011 | Mark S. Humphreys

There are many things insured people in Cleburne, Granbury, Aledo, Burleson, Keene, Joshua, Wylie, Roanoke, Keller, Colleyville, and the major cities, like Dallas, Fort Worth, and others need to be aware of as it relates to applying for, or receiving benefits from an insurance policy. A good example of this is found in an article written by Shan Li in the Los Angeles Times.

The article was published on January 25, 2011, and is titled, “Insurers Are Scouring Social Media For Evidence Of Fraud.” Much of the content of the article is included here and is a good read for “one of those things consumers need to be aware of.”

The internet social network sites such as Facebook and Twitter are great sources of information and fun and communication between relatives and friends. One downside to these sites is that other people can find out things that you may not want being public. But as the article tells us, now there’s another reason to be careful about what you post on Facebook and Twitter: “Your insurance company may be watching.”

Insurance Policy Conditions

February 13, 2011 | Mark S. Humphreys

For someone in Grand Prairie, Arlington, Dallas, Fort Worth, Irving, Hurst, Euless, Bedford, Garland, Mesquite, Carrollton, Richardson, or anywhere else in Texas, it is sometimes difficult to understand the conditions that are written in a policy and how those conditions apply to a claim the insured person is making to the insurance company.

An insurance contract may impose conditions on the insured. For example, almost all policies are going to require that the insured give notice of the claim as soon as is practicable when a claim arises. The insured also has a duty to to co-operate with the insurance company in its investigation of the claim. Most policies require that the insured file a formal proof of loss, if the insurance company requests it. When the insured commits a material breach of the insurance contract, the insurance company is excused from its obligation under the insurance contract. In this regard, it then becomes important to understand what a “material” breach is.

In trying to understand what a “material” breach is, the case, Rueben and Anita Hernandez v. Gulf Group Lloyds, decided in 1994, by the Texas Supreme Court is a good case to look at for guidance.

Potential Recovery In Insurance Breach Of Contract Claims

February 12, 2011 | Mark S. Humphreys

A fair question for someone in Grand Prairie, Arlington, Mansfield, Alvarado, Keene, Joshua, Cleburne, Granbury, Aledo, Hudson Oaks, or anywhere else in Texas might be; What is the potential recovery against an insurance company that breaks their agreement with me?

Of course, the answer would depend on many things. The harm caused by breaking the agreement, the intent of the insurance company in breaking the agreement, was a lawsuit filed or was there just some phone calls and correspondence back and forth, did the insured have to hire an experienced Insurance Law Attorney to protect their rights, etc. Many factors come into play but as it relates to just the breaking of the contract here is some food for thought.

Policy benefits are the basic recovery allowed for the insurance company’s breaking of its contractual obligations. An insurance company’s refusal to pay the insured’s claim causes damages in at least the amount of the policy benefits wrongfully withheld. This was stated by the Texas Supreme Court in the case, Vail v. Texas Farm Bureau Mutual Insurance Company, a case decided in 1988. Another Texas Supreme Court case, which was decided in 1994, styled Transportation Insurance Company v. Moriel, said breaking of the insurance contract allows recovery of benefit of the bargain damages.

Insurance Policy Assignment

February 10, 2011 | Mark S. Humphreys

Can someone in Burleson, Benbrook, Crowley, Cleburne, Keene, Joshua, Arlington, Pantego, Mansfield, Fort Worth, Granbury, or any other place in Texas assign the benefits of their insurance policy to someone else? The answer is, it depends.

Like other contract rights, the right to insurance proceeds can be assigned, giving the assignee the right to recover under the policy. This was stated in the 1968, Texas Supreme Court case, McAllen State Bank v. Texas Bank & Trust Company. However, a policy may contain a non-assignment clause, which will be enforced.

An example of this can be found in the case styled, Texas Farmers Insurance Company v. Sally Gerdes, By and Through Her Assignee, Griffin Chiropractice Clinic. This is a case decided in 1994, by the Fort Worth Court of Appeals.

Auto Insurance Policy Limits

February 8, 2011 | Mark S. Humphreys

Drivers in Weatherford, Aledo, Azle, Parker County, Millsap, Godley, Hudson Oaks, Mineral Wells, Pool, Brock, and all other parts of Texas probably do not realize that the minimum policy limits for liability insurance on all automobiles went up on January 1, 2011.

Lawyers, and in particular, lawyers who do a lot of personal injury types of cases have wondered how this new law was going to work. The law originally changed regarding minimum limits on April 1, 2008. At that time the minimum, which had been $20,000 for personal injuries was raised to $25,000.

This law is found in the Texas Transportation Code, Section 601.072. When it was enacted, it was interpreted to mean that any new policy that went into effect after April 1, 2008, would have the new minimum limit of $25,000. What this means is that any policy that was written before April 1, 2008 still insured for the lower limit of $20,000. So, a policy issued in March of 2008, that was to provide coverage through September 2008, would still have a minimum of only $20,000 because the policy had been issued prior to the change going into effect on April 1, 2008. However, all policies written after the April 1, date would carry the $25,000 minimum.

Can An Insurance Lawyer Tell You Who Recovers On A Policy

February 6, 2011 | Mark S. Humphreys

Residents of Grand Prairie, Arlington, Grand Prairie, Mansfield, Cedar Hill, De Soto, Duncanville, Dallas, Fort Worth, Burleson, and other places in Texas may need an attorney to tell them who has rights under an insurance policy. For the best and most informative information an experienced Insurance Lawyer needs to be consulted.

So, who can recover on an insurance policy?

Of course, the named insured, as a party to the insurance policy, may file a lawsuit on the policy. Obviously, someone named as a beneficiary may also enforce the contract with the insurance company. This was stated in a Texas Supreme Court in 1967, in the case, McFarland v. Franklin Life Insurance Company.

Claims Made Policies

February 5, 2011 | Mark S. Humphreys

Most people in Grand Prairie, Arlington, Dallas, Fort Worth, Mansfield, Cedar Hill, De Soto, Duncanville, Lancaster, Weatherford, Aledo, Azle, Hudson Oaks, or any other place in Texas would not know the difference between a “claims-made” insurance policy and any other type of insurance policy.

The Texas Supreme Court decided a case in March of 2009, that discussed one of the distinctions in a “claims-made” policy. The case is styled, Prodigy Communications Corp. v. Agricultural Excess & Surplus Insurance Company, et al.

This case is a declaratory judgment action. Agricultural Excess & Surplus Insurance Company (AESIC) brought this action asking the court to declare that they have no obligations in this case to defend or indemnify in the lawsuit brought against Prodigy Communications Corp (Prodigy).

Interpreting A Policy

February 3, 2011 | Mark S. Humphreys

Someone in Arlington, Mansfield, Bedford, Benbrook, Burleson, Hurst, Euless, Keene, Grand Prairie, Dallas, Fort Worth, Pantego, or anywhere else in this state would go crazy trying to understand how to correctly interpret an insurance policy. They have to do two things. One, talk it over in detail with the insurance agent at the time of purchase. Two, seek the advice of an experienced Insurance Law Attorney.

An example of the first sentence above is found in the case styled, VRV Development L.P., formerly known as VRV Development, Inc.; Marken Management GP L.L.C.; Kenny Marchant v. Mid-Continent Casualty Company. This case was decided on January 7, 2011, by the United States Court of Appeals for the Fifth Circuit.

In this matter, the plaintiffs above were sued by Goodman Family of Builders, L.P. successor in interest, K. Hovnanian Homes – DFW, LLC. and the City of Dallas. The lawsuit was alleging damage to lots developed by the plaintiffs. The alleged damage was to retaining walls and a public utility easement. The facts are a little confusing and the relevent time period, which begins in May 2004 and goes through sometime in 2007, is also at issue.

Interpreting Insurance Policies

February 1, 2011 | Mark S. Humphreys

Anyone in Grand Prairie, Arlington, Mansfield, Cedar Hill, Duncanville, De Soto, Lancaster, Hurst, Euless, Bedford, Dallas, Fort Worth, or anywhere else in Texas who reads an insurance policy is going to get through with the reading and with their blurred eyes, wonder what they just read. Here is a case where the interpretation of a policy exclusion was at issue.

The case is styled, RLI Insurance Company v. Sylvia Gonzalez; Alma Alicia Gonzalez, Individually and as Representative of the Estate of Hector Gonzalez and as Next Friend of I R G G, a Minor; Hector Gonzalez, Jr. This is a case where the opinion was issued on January 7, 2011, by the United States Court of Appeals for the Fifth Circuit.

This is a lawsuit between family members of a deceased sandblaster and RLI Insurance Company (RLI). The court ultimately ruled in favor of RLI based on a policy exclusion.