Dallas Fort Worth Insurance Lawyer Blog

Insurance Policy – Excluded Driver

October 1, 2010 | Mark S. Humphreys

“Excluded Driver”? Someone in Grand Prairie, Dallas, Arlington, Fort Worth, Garland, Mansfield, Crowley, Benbrook, Cleburne, or anywhere else in Texas may ask what does that means.

An “excluded driver” is someone who not covered on an automobile insurance policy while that person is driving or operating an insured vehicle. In an automobile insurance policy this is usually referred to as a “515A endorsement” or a “515A exclusion”. The Texas Department of Insurance allows insurance companies to exclude drivers from a policy but does require that anybody who is excluded to be named as an “excluded driver” and for there to be a signature by the person taking out the policy, to acknowledge the exclusion with their signature.

The most common situation where this occurs is when a child becomes sixteen and it is time to add them to the policy. The parents get a bill that is substantially higher than what they are use to paying and when they discover the reason for the increased rate is their teenage son or daughter they complain to the insurance agent. The agent then lets the parents know that they can keep their older / cheaper rates by not having the teenager on the policy. But because the teenager lives in the same house as the parents, there is a belief that the child will have access to the insured vehicles. Since the teenager usually exposes the insurance company to a greater risk and the child has access to the family vehicles the insurance agent will inform the parents that the only way they can not include the teenager in the rates being charged is to have the parents sign the “excluded driver” document. This document says there is not coverage for any damage the “excluded driver” does to the insured vehicle nor will there be coverage for any damage the “excluded driver” does to others.

Cancellation Of Insurance Policy

September 28, 2010 | Mark S. Humphreys

Insured persons in Grand Prairie, Frisco, Arlington, Aledo, Fort Worth, Dallas, Mesquite, Garland, and other places in the state may be adversely affected when an insurance company cancels a policy. If no claim is being made, or in the process of being made, then it may be a case of “no harm, no foul.” But what if the cancellation is first brought up when a claim is made?

This is what happened in a 2001, case styled, Lois Jones v. Ray Insurance Gency a/k/a Azteca Insurance and / or Alamo Insurance, and Collision Clinic, Inc., State & County Mutual Fire Insurance Company and Harbor Insurance Managers. This is a Corpus Christi, Court of Appeals case that was affirmed in 2002 by the Texas Supreme Court.

Here are the facts:

When Does “Use” Equal Coverage On An Auto Policy?

September 26, 2010 | Mark S. Humphreys

A guy in Grand Prairie gets his claim denied. Or maybe, it is someone in Arlington, Grapevine, Bedford, De Soto, Duncanville, Burleson, Crowley, or anywhere else in Texas. How do you know if your insurance policy covers a claim. The lawerly answer is: It depends. But here are two things to do. First, read the policy. Second, consult with an experienced Insurance Law Attorney.

Here is a case that talks about coverage in the uninsured motorist context. The case is, Rick Collier v. Employers National Insurance Company. This is a 1993, case, decided by the Court of Appeals of Texas, Fourteenth District, Houston.

The court in this case, denied Collier’s claim that uninsured motorist coverage extended to the facts in this case. Here are the facts.

Exemplary Damages And Auto Insurance Policies

September 23, 2010 | Mark S. Humphreys

Insureds living in Haslet, Saginaw, Newark, Cedar Hill, Grand Prairie, Arlington, Hutchins, Dallas, Fort Worth, Benbrook, and other places in Texas rarely know what their insurance policies say. And even if they knew what the policy said they would not really understand. Of course, that is why an experienced Insurance Law Attorney should be consulted.

What about “exemplary damages”? Will your auto insurance pay a claim for exemplary damages? Here is a 1997, that provides some guidance.

The case is styled, Lolitha J. Milligan v. State Farm Mutual Automobile Insurance Company. The case was decided by the Court of Appeals, 14th District, Houston.

On-Line Insurance Policies

September 22, 2010 | Mark S. Humphreys

Everybody in Arlington, Grand Prairie, Mansfield, Burleson, De Soto, Dallas, Fort Worth, Benbrook, and other places in Texas have access to internet services. Using the internet, people have started purchasing all kinds of goods and services. One of the things purchased a lot on-line now days is insurance policies. When this happens some interesting questions can arise. How about this:

Let us say that you desire to purchase auto insurance on-line. One thing we have learned from earlier blogs at this site is that Insurance Law in Texas requires that on all insurance policies issued in the state of Texas that Personal Injury Protection (PIP) benefits be part of the policy. This is stated in the Texas Insurance Code, Section 1952.152(a). Section 1952.152(b) tells us that this coverage must be rejected in writing otherwise it is part of the policy.

Next, let’s say that when you purchase an auto policy on-line that you are prompted to check a box indicating a rejection of PIP coverage but because this is being purchased on-line there is no signature. Have you properly rejected PIP coverage? Or do you have the coverage?

What Does An Insurance Policy Cover?

September 21, 2010 | Mark S. Humphreys

The above is a good question by anyone in Mansfield, Arlington, Grand Prairie, Dallas, Seagoville, Newark, Keller, Colleyville, or anywhere else in Texas. What does an insurance policy cover? Well the question may be good but the answer could be very long. So lets get more specific. Does an auto insurance policy cover exemplary damages?

The last question was answered in a 1972 case styled, Dairyland County Mutual Insurance Company v. Glen F. Wallgren, Indiv. and as Next Friend For Nancy. This was a Fort Worth Court of Appeals case.

The only question answered in this case was: Are indemnity benefits for exemplary damages afforded in Texas under a policy of automobile liability insurance written pursuant to the provisions of the Texas Insurance Code and under the delegation of legislative authority granted in the Insurance Code?

Insurance Coverage – Policy Language In Liability Policy

September 19, 2010 | Mark S. Humphreys

Even really educated people in Arlington, Dallas, Fort Worth, Grand Prairie, Weatherford, Mesquite, Grapevine, Mansfield, or out in Parker County will sometimes have a hard time understanding when an insurance policy provides coverage and when it doesn’t.

Here is an old insurance law case that is still good law. The case was decided by the Texas Supreme Court in 1979. The style of the case is, Security Mutual Casualty Company v. Herman G. Johnson et al.

Herman Johnson and Timothy Johnson sued their insurer, Security Mutual Casualty Company, to recover the amount of a judgment rendered against Timothy for damages to a pickup truck driven by him. The Texas Supreme Court ruled in favor of the insurance company. Here are the facts and reasons for their decision.

Personal Injury Protection (PIP) – How Does It Work?

September 18, 2010 | Mark S. Humphreys

Grand Prairie residents and residents of Dallas, Fort Worth, Duncanville, Crowley, Irving, Arlington, Mansfield, Mineral Wells, and all the other locations in Texas are covered by the same insurance laws. The laws may be different in other states but policies issued in Texas, no matter where in Texas, all have the same laws apply.

Personal Injury Protection (PIP) benefits cost quite a bit extra on an automobile policy. Because of the extra expense the vast majority of persons who have auto insurance make the choice to not purchase PIP.

But for those who do purchase PIP, most do not really understand how it works. Here is a little information to help in understanding PIP.

Life Insurance Policies And Dead Soldiers … Sad

September 16, 2010 | Mark S. Humphreys

Parents and spouses of military members in Arlington, Garland, Mesquite, Irving, Dallas, Fort Worth, Lake Worth, Colleyville, and through-out Texas would find the way some life insurance companies conduct their bussiness to be disgusting.

The New York Times published an article on August 29, 2010. The article was written by Dan Frosch and is titled “Families of Dead Soldiers Sue Insurer Over Its Handling of Survivors’ Benefits.”

The article starts out telling the reader about Vicke Castro. Her only child, Jonathan Castro, was killed six years ago just before Christmas, when a suicide bomber blew himself up inside an Army mess tent in Mosul, Iraq.

Insurance Policy Responsibilities For Insureds

September 14, 2010 | Mark S. Humphreys

Grand Prairie residents, residents of Arlington, Mansfield, Duncanville, Benbrook, Crowley, Weatherford, Aledo, Azle, and all other locations in Texas will almost all have one responsibility in common in their insurance policies. That one responsibility in common is to co-operate with their insurance company in the insurance copanies investigation of the claim. One other responsibility is to keep the insurance company informed of relevant events related to your coverage.

On July 22, 2010, the Houston Court of Appeals, (14th) Dist.) decided a case before them that dealt with this issue. The style of the case is, Darrell Dean Valenzuela v. State & County Mutual Fire Insurance Company. This was an appeal from the 164th District Court, Harris County, Texas.

In this case, Darrell Dean Valenzuela and Armando Rodriguez Torres were in a motor vehicle accident in 2002, and Valenzuela claimed he sustained injuries from the accident. Valenzuela sued Torres in August 2007. At the time of the accident, Torres was covered by a standard form personal auto policy from State & County. The policy insured the automobile Torres drove on the day of the accident. The case went to trial, and Valenzuela obtained a judgment for $12,100.00, prejudgment interest in the amount of $4,502.11, and court costs in the sum of $1,941.67. State & County did not receive notice of the lawsuit until Valenzuela delivered a copy of the final judgment on Septmenber 10, 2007. State & County claimed its policy provisions required Torres to provide proper and timely notice regarding any pending lawsuits so State & County could participate in Torres’s defense.