The Texas Insurance Code allows for recovery of mental anguish damages if it can be proven that the illegal conduct of the insurance code was committed knowingly. Section 541.152 speaks to the knowing conduct. An award of mental anguish damages may be upheld when the plaintiffs have introduced direct evidence…
Here is a 2023 opinion wherein the lawsuit alleges the insurer mis-handled a claim. The opinion is from the Southern District of Texas, Brownsville Division, and is styled, Maria Alcala v. Allstate Vehicle And Property Insurance Company. Allstate filed a Rule 12(n)(6) motion seeking a partial dismissal. First, Allstate requests…
Bad Faith or Texas Insurance Code violations are alleged is the vast majority of situations where an insurance company denies a claim. So, how do the courts look at these case. Here is a 2023 case from the Southern District of Texas, Brownsville Division. It is styled, Maria Alcala v.…
Insurance lawyers have to know how to deal with experts in a case. Here is a 2023 opinion from the Eastern District of Texas, Beaumont Division, that deals with an expert. The opinion is styled, Juanita Vera v. State Auto Insurance Company and Meridian Security Insurance Company. This is a…
Insurance transactions tend to resemble one another, so disputes arising from them tend to resemble one another. There are only so many ways that an insurer and an insured can get crossways. Most cases present recurring problems that can be grouped into categories. Insurance law is even more precedent-driven than…
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…
Bad Faith Law Firms will have a frequent question asked of them. That question is, “Can I Recover My Attorney Fees.” One segment of the attorney fees question is addressed in a 2023 opinion from the Southern District of Texas, Houston Division. The opinion is styled, Gilbane Building Company, Inc.…
Bad Faith Insurance Attorneys need to read this 1988, opinion from the Texas Supreme Court. The opinion is styled, Vail v. Texas Farm Bureau Mut. Ins. Co. This case involves a house burning down. A claim was made for the homeowner insurance benefits and the insurance company denied the claim. …
Imagine this. A life insurance claim is denied. The beneficiary goes to an attorney who makes sends a demand letter to the life insurance company demanding payment and monies for their bad faith actions. In response to the demand letter the life insurance company sends the policy proceeds, plus interest. …
Insurance lawyers have a tendency to talk a lot about “bad faith” in the context of insurance disputes. However, the Courts have a strong tendency to rule that most cases are simply a breach of the insurance contract and do not amount to “bad faith” and violations of the Texas…