Hail Damage – Cosmetic Exclusion
Insurance Company Delay In Paying A Claim
When an insurance company delays in paying a claim, there are often times remedies. Each case has to be looked at to determine what can be done. This issue is discussed in a 2023 opinion from the Southern District of Texas, Victoria Division. The opinion is styled, Naomi Odom v. Central Mutual Insurance Company.
This is a case wherein Odom suffered hurricane damage and made a claim for benefits. Central Mutual made an initial payment and then two additional payments. Later, another payment was made.
Odom was unsatisfied and eventually filed suit alleging breach of contract and other extra-contractual claims. Central Mutual invoked appraisal and upon completion of the appraisal, paid substantially more money on the claim.
Who Is The Insurance Agent An Agent Of – The Insurer Or Insured
Most insurance lawyers would think an insurance agent is the agent of the insurance company. But, there are situations where the insurance agent is the agent of his customer.
Here is a 2023 opinion wherein this topic is discussed. The opinion is from the Thirteenth Court of Appeals and is styled, Bill Wendlandt, 120-MP Victoria Ltd, and Laurent Tower, LLC, v. Certain Underwriters at Lloyd’s, London, Subscribing To Policy Nos. AOP-170109 And AQS-170213, et al.
This is an appeal from a summary judgement in favor of Underwriters.
Life Insurance – Electronic Funds Transfer
Life Insurance – Duty Of Good Faith And Fair Dealing
Bad Faith Insurance And Statute Of Limitations
Lawyers handling insurance claim must have an understanding of the statute of limitations for bad faith claims. This is illustrated in a 2023 opinion from the Western District of Texas, Waco Division. The opinion is styled, Yvan Jayne v. Health Care Service Corp., A Mutual Legal Reserve Co., D/B/A Blue Cross And Blue Shield Of Texas., et al.
A reading of the case will show the facts of this specific case but shown here is the law relating to the statute of limitations on bad faith claims.
Defendant moved to dismiss Plaintiff’s bad–faith breach and Chapter 541 causes of action, arguing that they are barred by the statute of limitations. Defendant has the burden of proving its affirmative defense, including the date on which limitations commenced.
Life Insurance Lawyers – Intent To Deceive
The Insurance Policy Has To Be Read Carefully
Most people who buy a homeowners insurance policy think that if anything happens to cause damage to their home, that they are covered. Well, that is simply not case way to often. All those pages of the policy are pages explaining what is not covered or placing limitations on what is covered.
Here is a 2023 opinion from the Northern District of Texas, Amarillo Division that deals with a homeowners claim. The opinion is styled, Laur v. Safeco Insurance Company of Indiana.
This opinion is the result of a motion for summary judgment being filed by Safeco.
Reasons To Not Delay In Seeking A Remand
As has been discussed many times on this Blog, insurance companies prefer to litigate in Federal Court rather than State or County courts. When an insurance company removes a case to Federal court the insured needs to be prompt in seeking a remand to the State or County court from which is was removed.
This is illustrated in this 2023 opinion from the Northern District of Texas, Dallas Division. The opinion is styled, Thomas Dettmer v. Safeco Insurance Company of Indiana.
Dettmer alleges hail damage to his property. Safeco hired Madsky Managed Repair (Madsky) to inspect the property. Safeco asserts the damages do not exceed the deductible in the policy. Dettmer hired JT Roofing who asserts the damage exceeds $62,826. In an effort to reconcile the vast disparity, Safeco hired ProNet to double check Madsky’s assessment. ProNet’s engineer, Marc Camacho, inspected the property and concluded that the damage to the residence resulted from “intentional mechanical damaged performed … in an attempt to replicate storm damage.”