Insurance attorneys know the application for a life insurance policy is a frequent source of litigation. Here is a 2008, United States Fifth Circuit Court of Appeals opinion discussing the issue. The opinion is styled, Liu v. Fidelity and Guaranty Life Insurance Company. Liu filled out a life insurance application…
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Life Insurance – Justified Delay In Determining Claim?
Here is a 2025 opinion from the Southern District of Texas, Houston Division, with an interesting twist. The opinion is styled, Kimberly Russell v. State Farm Life Insurance Company. The lawsuit alleges that State Farm took too long to investigate a claim for life insurance benefits. The unusual aspect of…
Settlement Agreement Enforceable?
Here is a 2025 opinion from the Northern District of Texas, Dallas Division. The case discusses whether a settlement agreement reached between a parties attorney and the Defendant is enforceable. The style of the opinion is, Farmers Lloyds Insurance Company Of Texas v. Herman Haynes and Sharla Haynes. While this…
Reasonable Care To Protect Property
Almost all homeowners policies will require the insured to use “reasonable care” to protect their property from damages. Here is a 2025 opinion from the Southern District of Texas, Houston Division, that deals with that issue. The opinion is styled, Dorcas Giwa v. State Farm Lloyds. This is a summary…
Proper Notice Must Be Given When Suing Under Section 542A
Here is a case regarding ‘Notice” under Texas Insurance Code, section 542A.007(d). It is a 2025 opinion styled, Devindra Investments, Inc. v. Wesco Insurance Company. It is from the Northern District of Texas, Amarillo Division. Before the Court is Defendant Wesco Insurance Company’s amended Opposed Motion to Limit Plaintiff’s Recovery…
Delay In Paying Claim – The Difference Between 541 and 542
Slow payment of an insurance claim can create a claim for extra monies under the Texas Insurance Code. An opinion from a 2025, Fifth Circuit case is an important read on this issue. The opinion is styled, Sterling Senechal v. Allstate Vehicle and Property Insurance Company. This is a summary…
Homeowners Claims – Vacant Or Unoccupied
A common reason for claim denial is when a home is not being lived in at the time of the loss. The reason for denial will be denied due to an exclusion in most policies excluding coverage for structures that are vacant or unoccupied. A February 2025 opinion from the…
Life Insurance Claims – Tort Or Contract
Life insurance claim denials will bring up many issues to be discussed, based on the Facts of the case. Here is a January 2025 case that presented an issue the Courts have never seen before. The opinion is styled, Mark Howell and Leslie Howell vs. Southern Farm Bureau Life Insurance…
Attorney Fees OnClaims Under 542A
Attorney fees are almost always a part of insurance claims. What too many people don’t realize are the requirements for being able to recover those fees. Those requirements may differ depending on the type of insurance claim. Here is a January 2025, opinion from the Northern District of Texas, Dallas…
Hail Damage – When Did It Occur
Hail damage claims are a frequent source of litigation. There are many reasons an insurance company will deny a claim. One of those reasons is that the hail damage did not occur while the insurance policy was in effect. This issue is discussed in a January 2025 opinion from the…